Mediation Not Just An Alternative To Adjudication But A Constitutional Value In Itself : Justice Surya Kant

At the Annual Litigation Conference held in Chandigarh, Supreme Court judge Justice Surya Kant said that mediation is not just an alternative dispute resolution tool but a constitutional value that embodies the spirit of compassion, consensus, and social harmony at the heart of justice delivery.

Delivering the keynote address on “Comity of Courts and International Legal Cooperation in Practice,” Justice Surya Kant said the Supreme Court's recently launched “Mediation for Nation” initiative reflects this deeper constitutional ethos by embedding dialogue and understanding into the core of India's judicial process.

“The true purpose of law lies not in perpetuating conflict, but in restoring social harmony. In keeping with this vision, the Supreme Court has launched the 'Mediation for Nation' initiative, a landmark step that seeks to embed dialogue and understanding at the heart of our justice delivery,” he said.

“It embodies the deeper constitutional ethos that mediation is not merely an alternative to adjudication, but a constitutional value in itself—one that reaffirms our collective faith in compassion, consensus, and the healing power of justice.”

The conference was attended by several distinguished dignitaries, including Judges of the Supreme Court of India, Justice Sheel Nagu, Chief Justice of the Punjab and Haryana High Court, Manan Kumar Mishra, Chairman of the Bar Council of India and Member of Rajya Sabha, Miss Barbara Mills, King's Counsel and Chair of the Bar Council of England and Wales, Former Judges of the High Court, and Members of the Bar Council of Punjab & Haryana, Bar Council of England and Wales. Office bearers of the Punjab & Haryana High Court Bar Association and the Society of Indian Lawyers were also present.

'Purpose of Law Lies in Healing, Not in Conflict'

Justice Surya Kant said that India's justice system is undergoing a “quiet but powerful transformation” from an adversarial approach to one that prioritises conciliation and harmony. Mediation, he said, represents the moral evolution of the justice system from technical adjudication to empathetic problem-solving.

"The system as a whole now stands united in its resolve to prioritise conciliation and amicable settlement over protracted contest."

A Global Vision: Comity of Courts and Cooperation

Expanding his remarks to the international sphere, Justice Surya Kant said that comity of courts and international legal cooperation are no longer polite ideals but practical necessities in an interdependent world. He emphasised that while courts must respect the sovereignty of each nation, they should also nurture mutual trust to ensure fairness and predictability in cross-border disputes.

“Comity and cooperation,” he said, “are not abstract principles—they are lifelines for real people caught in the complexities of globalisation.”

Human Touch at the Centre of Justice

Justice Surya Kant reminded that behind every transnational case lies a human story. He narrated how a mother's plea for her child's custody amidst cross-border legal hurdles brought home the essence of justice. “That one question—'When can I see my child again?'—reminds us that the human element must never be lost in our global debates,” he said.

'Law Is at Its Best When It Builds Bridges, Not Walls'

Concluding his address, Justice Surya Kant said the essence of law lies in building bridges between nations, between institutions, and between people.

“Law is at its best when it builds bridges, not walls,” he remarked, urging the legal fraternity to strengthen the “global fabric of justice” through trust, respect, and collaboration.

He added that the vision of a cooperative and compassionate judiciary must be anchored in both international comity and constitutional empathy, where mediation and cooperation work hand in hand to ensure that the justice system “heals rather than hardens.”