Mediation Is Not A Lesser Form Of Justice, But Its Wiser Form : CJI Sanjiv Khanna

Chief Justice of India Sanjiv Khanna on Saturday emphasized that mediation is not a "lesser form of justice" but its "wiser form", underscoring its role in achieving social justice.

Speaking at the launch of the Mediation Association of India, CJI Khanna highlighted the significance of Section 43 of the Mediation Act, which provides for community mediation. He observed that local disputes could be resolved effectively through this provision. Notably, in the Sambhal Jama Masjid case, a bench led by CJI Khanna had advised the Uttar Pradesh administration to explore community mediation under Section 43 to address communal tensions in the area.

"Our founding fathers envisaged that provisions ought to be made for securing social justice in our Constitution. Our Preamble categorically says that endeavours must be made to secure justice, economic, social and political qua people. I want to underscore the term social justice. It is through mediation that social justice is achieved," CJI Khanna said.

He said that mediation addresses the root cause of the dispute, whereas in court adjudication, the root cause remains unaddressed. Hence, mediation provides a holistic solution, heals animosities and restores relationships. The solution provided through mediation is less traumatic, more humane and acceptable to all parties. Thus, true justice is delivered.

He also noted that mediation has played a significant role in dispute resolution over the past two decades. Between 2016 and early 2025, as many as 7,57,173 cases were resolved through mediation.

"Yet I must acknowledge that mediation is still to reach the homes and the villages. We are still at the periphery. India, in one way, therefore, has been slow to arrive at mediation and understand its importance. Our goal must be to show every litigant, every citizen that mediation is not a lesser form of justice but a wiser form of it," CJI Khanna said.

President of India Droupadi Murmu was the Chief Guest of the event. CJI-designate Justice BR Gavai, Attorney General for India R Venkataramani, Solicitor General Tushar Mehta, and Union Law Minister Arjun Ram Meghwal also spoke at the event. 

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