Not All Disputes Suited For Courtrooms; Mediation Is Mode For Redressal: CJI

Chief Justice of India (CJI) Sanjiv Khanna on Saturday said not all disputes are suited for courtrooms and litigations, and asserted that mediation is the mode for redressal as it offers creative solutions and strengthens relationships.
Speaking at the third convocation ceremony of the Maharashtra National Law University (MNLU) in Nagpur, he said each case has to be seen not from the eyes of legal issues but as a human story.
Indian legal aid structure is perhaps the most robust in the world where assistance is given to all the stakeholders, he noted.
“Not all disputes are suited for courtrooms, litigation or even arbitration. Mediation is the mode for redressal that offers us more than just dispute resolution,” the CJI said.
It opens doors to creative solutions beyond simple yes or no answers, he said.
By choosing this path, we not only resolve conflicts efficiently, but also strengthen relationships between people and businesses, he said.
CJI Khanna added that lawyers are the problem solvers who have to come up with creative solutions that address both the legal and human dimensions of the problem.
“Just as problems cannot be fixed into boxes, neither can their solutions. As our problems keep becoming more dynamic, the need for their solutions has to be more flexible. The road to justice itself cannot be a hurdle to achieve it,” he said.
The CJI urged everyone to think beyond the convention and broaden their horizons to make justice delivery cost-effective and time-bound.
He said the generation today faces challenges that our predecessors hardly imagined, like climate change that threatens not only our environment but the very fabric of human rights and social justice, and digital evolution that raises unprecedented questions about privacy, security and nature of human interaction.
Democracy is itself being reshaped by new technologies and social dynamics, the CJI said.
“These aren’t just abstract problems. They are very fundamental challenges to humanity, human dignity and liberty that require innovative solutions,” he said.
The Indian legal aid structure is perhaps the most robust in the world where assistance is given to all the stakeholders – the accused and the victims, he said.
Combination of a robust legal aid framework and the energy of young lawyers has the potential to make India a world leader in accessibility, the Chief Justice said.
Also speaking at the event, Supreme Court judge Justice B R Gavai, also the Chancellor of the MNLU, expressed gratitude for the support extended by the state government to establish the university.
“I must place on record my appreciation for the valuable assistance provided by Devendra Fadnavis, the then Chief Minister of Maharashtra and also the present as well as Uddhav Thackeray, who was also the chief minister of Maharashtra,” Justice Gavai said. (PTI)