For Lawyers To Double Up As Mediators, They Need To Acquire Different Skills; Listen Than Speak : Supreme Court

The Supreme Court recently commended a Court-appointed mediator for successfully resolving a 40-year-old civil dispute, observing that it is “inevitable” for lawyers to transition into the role of mediators, which demands a shift in approach from adversarial litigation to constructive problem-solving.

"If lawyers are to double-up and evolve as mediators, a development which we consider is inevitable, they must cultivate a distinct set of skills and adopt a new attitude towards dispute resolution, one that diverges from adversarial litigation. The acquisition of these skills and mind set begins with revisiting certain traditional techniques and practices developed for argumentation," the Court observed.

The Court said that the fundamental principle of mediation is "to listen, rather than speak."

"Mediators speak by listening. The model of mediation that we envision for our country, which may be termed swadeshi mediation, involves transcending the binary often embedded in western approaches, where professionalism is separated from individual character. Goodness is an essential value, it is neither divorced from professionalism nor unattainable through power of the will."

A bench of Justices PS Narasimha and Atul S Chandurkar heard the case where the litigation between the Appellant and Respondent spanned almost four decades, primarily revolving around rights over agricultural land and related immovable properties in Himachal Pradesh. The dispute reached the Supreme Court in 2011 through a civil appeal. Despite being long-pending, the matter was eventually steered towards mediation in 2024, where Senior Advocate Gaurav Agrawal was appointed as a mediator.

Unlike the usual courtroom process, the mediator personally travelled to Hamirpur, Himachal Pradesh, interacted with both families, inspected properties, and facilitated trust-building. Ultimately, the parties built a consensus among themselves and agreed to the mediator's suggestions, requesting the Court to dispose the civil appeal in terms of the agreement.

In this regard, the Court praised the mediator for his selfless efforts and highlighted how mediation, when conducted with sincerity, can achieve outcomes far more effective than adversarial litigation.

“We believe that the essence of dispute resolution lies in selfless endeavour which is at the core of harmonious living. This is precisely what transpired, as the mediator shed the argumentative skills and adversarial demeanor of a lawyer and embarked on a journey to Hamirpur to mediate the dispute between the parties.”, the court said.

The Court asserted that the mediation should be prioritized, and the lawyers must develop a distinct set of skills and adopt a new attitude towards dispute resolution, one that diverges from adversarial litigation. Further, the Court viewed that mediators should separate professionalism from their character and rely on the art of persuasion, personal engagement, and simplicity, which might help the parties to arrive at a settlement.

Based on the agreement entered as part of the mediation process, the Court ordered a drawing of a decree, and accordingly disposed of the appeal.

Cause Title: RAKSHA DEVI VERSUS PARKASH CHAND

Citation : 2025 LiveLaw (SC) 998

Click here to read/download the order

Appearance:

For Appellant(s) : Mr. Akhil Sachar, Adv. M/S. Karanjawala & Co., AOR Ms. Babita Rawat, Adv.

For Respondent(s) :Mr. G. Arudhra Rao, Adv. Mr. Merusagar Samantaray, AOR