Mediation must be institutionalised as a permanent process, says Justice P.S. Narasimha

Mediation must be institutionalised as a permanent process, notes Justice P.S.

CrimeNews Info Wire3 min read
Mediation must be institutionalised as a permanent process, says Justice P.S. Narasimha

Mediation must be institutionalised as a permanent process, notes Justice P.S.

Article outline

  1. What happened
  2. What comes next
  3. Why it matters
  4. The bottom line

Key points

  • 'Samadhan Samaroh ', which commenced on April 21, 2026, will culminate in the holding of a Special Lok Adalat on August 21, 22 and 23.
  • Nevertheless, Justice Narasimha identified the shortage of trained mediators as one of the key challenges.
  • Justice Narasimha remarked mediation differed from regular court proceedings as it offered the parties themselves the power to decide the dispute.
  • The initiative covers a broad set of disputes, including land acquisition, matrimonial and property matters, commercial disputes, motor accident claims and cheque-bouncing cases.

Mediation must be institutionalised as a permanent process, notes Justice P.S. Narasimha 'Samadhan Samaroh'. It began on April 21, seeks to facilitate the amicable settlement of cases pending before the Supreme Court through consent-based mechanisms. The initiative will conclude with a Special Lok Adalat from August 21 to 23.

Meanwhile, the Supreme Court of India is organising the 'Supreme Court Action for Mediated Adjudication and Disputes Harmonization Throughout Nation' to advance the vision of 'participative justice' and 'doorstep delivery of justice'. Photo credit: Supreme Court.

In practice, the success of the Supreme Court's 'Samadhan Samaroh' initiative should not be judged merely by the number of cases settled, but by whether it helps institutionalise mediation as a continuous process, Supreme Court Judge Justice P.S. Narasimha has remarked.

Speaking to Akashvani 's News On AIR, Justice Narasimha remarked the initiative was aimed at addressing two matters: the sizeable pendency of cases and the need for a simpler way of resolving disputes.

"The essence of this resolution is informality. That's the major distinction between court cases and resolutions, " he stated.

Justice Narasimha remarked mediation differed from regular court proceedings as it offered the parties themselves the power to decide the dispute. "The advantage of mediation is that the resolution is arrived at through a voluntary process of those who are involved in it, " he remarked.

He remarked mediation could assist litigants avoid the time, expense and uncertainty associated with prolonged litigation. Court cases were "long drawn", expensive and uncertain, he remarked.

For context, the initiative covers a broad set of disputes, including land acquisition, matrimonial and property matters, commercial disputes, motor accident claims and cheque-bouncing cases.

Nevertheless, Justice Narasimha identified the shortage of trained mediators as one of the key challenges. Lawyers who take up mediation, he remarked, would have to "shed a great number of techniques" learnt as lawyers and "relearn the techniques of mediators".

He additionally stressed the need for a permanent body to handle mediation and for mediators to have expertise in the relevant subject.

Reflecting on the progress of 'Samadhan Samaroh', Justice Narasimha remarked a number of stakeholders, including Chief Justices of High Courts, Advocates-General, district judges and administration office-holders, had been consulted.

He remarked the long-term objective was to build "institutional memory" and strengthen mediation within the working of the court.

For now, mediation must be institutionalised as a permanent process, says Justice P.S. Narasimha remains the part of the story worth watching, and further updates are likely as more details are confirmed.

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