{"id":392087,"date":"2026-08-01T16:00:57","date_gmt":"2026-08-01T10:30:57","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=392087"},"modified":"2026-08-01T17:03:51","modified_gmt":"2026-08-01T11:33:51","slug":"chief-justice-surya-kant-redefines-mediation-at-the-commonwealth-peace-mediation-conference-2026","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2026\/08\/01\/chief-justice-surya-kant-redefines-mediation-at-the-commonwealth-peace-mediation-conference-2026\/","title":{"rendered":"\u2018Peace is not the absence of law\u2019: Chief Justice of India Justice Surya Kant charts a new vision for mediation at the Commonwealth Peace Mediation Conference 2026"},"content":{"rendered":"
\n

The Commonwealth Peace Mediation Conference (CPMC) 2026<\/span>, a t<\/span>hree-day international conference being held from 31 July to 2 August 2026 in Jaipur, is organised by the Rajasthan State Legal Services Authority<\/span> under the theme “Peace, Mediation and the Rule of Law”<\/span>. The conference brought together judges, mediators, lawyers, policymakers and academics from across Commonwealth jurisdictions to deliberate upon the evolving role of mediation in contemporary dispute resolution. Delivering the inaugural address on 31 July 2026 and the keynote address on 1 August 2026, Chief Justice of India, Justice Surya Kant<\/span> presented a compelling vision of mediation not as an alternative to justice, but as one of its strongest expressions.<\/p>\n

\"\"<\/p>\n

Throughout his addresses, Justice Surya Kant argued that mediation is rooted deeply in India’s civilisational ethos while simultaneously emerging as one of the most significant institutional reforms within the modern justice system. Blending personal experiences, constitutional values, judicial developments and commercial realities, he described mediation as a process capable of reducing conflict while preserving relationships, strengthening access to justice and reinforcing public confidence in legal institutions.<\/p>\n

Peace is one of law’s finest achievements<\/p>\n

Opening the conference, Justice Surya Kant reflected on the significance of Jaipur as the venue for discussions on peace and mediation. Describing the city as one consciously designed around harmony and balance, he observed that its planning reflects the very philosophy that mediation seeks to achieve bringing competing interests together without allowing one to overwhelm the other.<\/p>\n

He challenged the common perception that peace and the Rule of Law belong to different worlds.<\/p>\n

As he observed:<\/p>\n

“Peace is not the absence of law. Peace is one of law’s finest achievements.”<\/p>\n

According to him, the Rule of Law is often understood only through legislation, judicial decisions and enforcement mechanisms. Yet one of its greatest achievements lies in creating conditions where disputes are resolved before relationships are irreparably damaged. Mediation therefore should not be viewed as existing outside the legal system; it represents one of the legal system’s most meaningful accomplishments.<\/p>\n

Justice Surya Kant explained that while courts provide certainty, declare legal rights and pronounce binding judgments, mediation serves a different but equally important purpose. It creates space for dialogue, allowing parties themselves to resolve disputes before adversarial proceedings become inevitable.<\/p>\n

Justice is ultimately about preserving relationships<\/p>\n

To illustrate why mediation has always occupied a special place within Indian society, Justice Surya Kant shared memories from his childhood in rural Haryana. He recalled that disagreements concerning agricultural land, irrigation channels or village pathways rarely reached formal courts. Instead, respected elders assembled the parties under the village Panchayat and encouraged discussion until an acceptable solution emerged. Nobody described this process as alternative dispute resolution. It was simply the community’s natural way of restoring harmony.<\/p>\n

Reflecting on those experiences, Justice Surya Kant observed that the true measure of successful dispute resolution is not merely the execution of legal documents but the ability of parties to continue living together after the dispute has ended.<\/p>\n

As he remarked:<\/p>\n

“That, to my mind, is the truest test of any peace. Not whether the paperwork is signed, but whether the neighbours can still share a cup of tea the next morning.”<\/p>\n

According to him, mediation succeeds precisely because it recognises an important reality that adversarial litigation often cannot accommodate most people must continue interacting long after legal proceedings conclude. Families remain families. Business partners remain commercial counterparts. Neighbours continue living side by side. In such circumstances, preserving relationships frequently becomes as important as resolving legal rights.<\/p>\n

Justice Surya Kant therefore described mediation as one of the most demanding disciplines within the legal profession. Unlike litigation, where lawyers advocate for competing positions, mediation requires the ability to listen patiently, understand underlying concerns and help parties discover solutions that they themselves can accept.<\/p>\n

Looking beyond legal positions to discover real interests<\/p>\n

To explain why mediation often succeeds where litigation cannot, Justice Surya Kant referred to the well-known example of the “Orange Quarrel”.<\/p>\n

He narrated the story of two sisters arguing over a single orange. Attempting to resolve the dispute fairly, their mother divided the orange equally between them. Only afterwards did she discover that one daughter wanted only the juice while the other needed only the peel for baking.<\/p>\n

The problem, he explained, was never the orange itself. It was the failure to understand why each person wanted it. Justice Surya Kant used the story to demonstrate the fundamental distinction between litigation and mediation.<\/p>\n

As he explained:<\/p>\n

“Litigation is built to adjudicate positions. It asks, who owns the orange, and answers with a verdict, a half each, an injunction, a decree. Mediation, on the other hand, poses an altogether different question. It asks what each party truly needs.”<\/p>\n

According to him, litigation necessarily resolves competing legal claims. Courts determine ownership, liability and legal entitlement. Mediation, however, seeks to uncover the interests that lie beneath those legal positions. Once those interests become visible, entirely different solutions often emerge. Rather than producing winners and losers, mediation enables parties to discover outcomes that satisfy both sides in ways that formal adjudication may never achieve.<\/p>\n

For Justice Surya Kant, this distinction explains why mediation should not be regarded merely as a procedural alternative to litigation. It represents a fundamentally different philosophy of justice, one that focuses less on determining rights and more on understanding people.<\/p>\n

He suggested that this way of thinking is not a recent innovation imported from modern negotiation theory but something that has formed part of India’s legal and social traditions for centuries.<\/p>\n

India’s mediation tradition did not begin with legislation<\/p>\n

Justice Surya Kant observed that while mediation has recently acquired a comprehensive statutory framework through the Mediation Act, 2023<\/a>, its foundations were laid centuries ago. Long before mediation became a recognised legal discipline, Indian society had embraced dialogue and consensus as preferred methods of resolving conflict.<\/p>\n

Tracing this legacy through Indian history, he referred to the Mahabharata, recalling Lord Krishna’s role as a Shanti Doot, who sought reconciliation before the Kurukshetra war. Although the mission ultimately failed, Justice Surya Kant observed that the episode reflected an enduring principle, that every sincere effort towards peace must precede conflict.<\/p>\n

He then turned to Kautilya’s Arthashastra, noting that the celebrated principles of statecraft begin with Sama (conciliation), followed only thereafter by Dama, Danda, and Bheda. Persuasion, dialogue and mutual understanding were thus recognised as the first instruments of governance long before coercive measures became necessary.<\/p>\n

He further noted that ancient India’s dispute resolution framework itself reflected this philosophy. Conflicts often moved through families (Kula), guilds (Shreni) and community institutions (Puga) before reaching the King’s court, reinforcing the belief that disputes should first be resolved by those who understood the parties and their relationships.<\/p>\n

Reflecting upon Mahatma Gandhi’s legal career, Justice Surya Kant observed that Gandhi himself considered some of his greatest professional successes to be those cases where parties reconciled without the need for prolonged litigation.<\/p>\n

Summarising this historical continuity, he remarked:<\/p>\n

“Long before mediation acquired a statute or was taught by a training manual, it was already our inheritance, carried in scripture, in statecraft and in the conscience of some of our finest advocates.”<\/p>\n

According to him, modern mediation is therefore not a borrowed concept but a revival of values deeply embedded within India’s own legal and cultural traditions.<\/p>\n

The judiciary transformed mediation from philosophy into practice<\/p>\n

While mediation has ancient origins, Justice Surya Kant observed that its modern institutional journey has largely been shaped by the Indian judiciary.<\/p>\n

He noted that the insertion of Section 89<\/a>, Civil Procedure Code, 1908<\/a> (CPC) represented the first significant legislative attempt to integrate mediation within India’s civil justice system. However, translating that legislative intent into a workable institutional framework required sustained judicial intervention.<\/p>\n

Justice Surya Kant referred to the Supreme Court’s decision in Salem Advocate Bar Assn. (2)<\/span> v. Union of India<\/span>, (2005) 6 SCC 344<\/a>, which clarified the practical operation of Section 89<\/a> CPC<\/a> and encouraged courts to actively promote consensual dispute resolution wherever appropriate.<\/p>\n

He then highlighted Afcons Infrastructure Ltd.<\/span> v. Cherian Varkey Construction Co. (P) Ltd<\/span>., (2010) 8 SCC 24<\/a>, describing it as a landmark decision that provided much-needed clarity regarding the categories of disputes suitable for mediation and laid down guiding principles for courts making such referrals.<\/p>\n

The judicial support for mediation continued to expand through M.R. Krishna Murthi<\/span> v. New India Assurance Co. Ltd.<\/span>, (2020) 15 SCC 493<\/a>, where the Supreme Court encouraged mediation in motor accident claims, matrimonial disputes and insurance matters, recognising that prolonged litigation often aggravates conflict rather than resolving it.<\/p>\n

Justice Surya Kant also referred to Moti Ram<\/span> v. Ashok Kumar<\/span>, (2011) 1 SCC 466<\/a>, where the Court reaffirmed one of mediation’s most essential principles – confidentiality. Parties, he observed, must have confidence that discussions undertaken during mediation remain protected if meaningful dialogue is to occur.<\/p>\n

Collectively, these decisions, according to him, gradually transformed mediation from a procedural possibility into an integral component of India’s justice delivery system.<\/p>\n

The Rule of Law is measured not only by judgments but by access to justice<\/p>\n

Justice Surya Kant suggested that these judicial developments reflected a broader understanding of the Rule of Law itself.<\/p>\n

Rather than viewing justice exclusively through courtroom adjudication, he argued that a mature legal system should offer multiple pathways through which disputes may be resolved effectively and with dignity.<\/p>\n

As he observed:<\/p>\n

“The Rule of Law does not demand that every grievance be adjudicated; it demands only that every citizen enjoy timely, accessible and dignified recourse to justice.”<\/p>\n

According to him, justice cannot be measured merely by the number of judgments delivered or cases disposed of. It must also be assessed by whether citizens possess meaningful opportunities to resolve disputes without unnecessary delay, expense or hostility.<\/p>\n

Viewed through that lens, mediation strengthens rather than weakens the Rule of Law. By providing consensual, efficient and accessible dispute resolution, it enhances public confidence in legal institutions while simultaneously reducing burdens on the formal justice system.<\/p>\n

The Mediation Act, 2023 marks a turning point<\/p>\n

Justice Surya Kant described the enactment of the Mediation Act, 2023<\/a> as a major moment in India’s dispute resolution landscape.<\/p>\n

For the first time, India now possesses a comprehensive statutory framework governing voluntary mediation, court-annexed mediation, community mediation and the enforcement of mediated settlement agreements. According to him, the legislation recognises mediation as an independent pillar of justice rather than merely an adjunct to litigation.<\/p>\n

He further highlighted the sustained institutional work undertaken by the Supreme Court’s Mediation and Conciliation Project Committee (MCPC), which has played a central role in establishing mediation centres across the country, developing training programmes and promoting uniform standards for mediators.<\/p>\n

Justice Surya Kant also referred to the nationwide “Mediation for the Nation” campaign undertaken jointly by the MCPC and the National Legal Services Authority, under which lakhs of pending cases across trial courts, district courts and High Courts have been identified for possible resolution through mediation.<\/p>\n

Looking ahead, he highlighted the forthcoming “Samadhan Samaroh”, proposed under the aegis of the Supreme Court in collaboration with the Supreme Court Bar Association (SCBA), Supreme Court Advocates-on-Record Association (SCAORA), High Courts and Legal Services Authorities, as an important initiative aimed at resolving even Supreme Court matters through consensual settlement wherever appropriate.<\/p>\n

For Justice Surya Kant, these initiatives collectively demonstrate that mediation has now moved beyond experimentation. It has become a permanent institutional feature of India’s evolving justice system, one capable of complementing adjudication while making justice more accessible, humane and effective.<\/p>\n

From courtrooms to boardrooms: Mediation is reshaping modern commerce<\/p>\n

Justice Surya Kant observed that mediation has expanded far beyond its traditional association with matrimonial disputes and neighbourhood disagreements. While preserving relationships has always been one of its defining characteristics, mediation today has emerged as an increasingly important mechanism for resolving complex commercial disputes, infrastructure conflicts and cross-border transactions.<\/p>\n

According to him, this transformation reflects a changing business environment where preserving long-term commercial relationships often becomes more valuable than securing a legal victory after years of adversarial litigation.<\/p>\n

As he observed:<\/p>\n

“What was once confined to the courtyard of the family has found its way into the boardroom.”<\/p>\n

He explained that insurance companies today routinely maintain mediation panels to resolve claims efficiently, while multinational corporations increasingly incorporate mediation clauses into joint venture agreements, shareholder arrangements, mergers and acquisitions, construction contracts and other commercial transactions.<\/p>\n

Rather than treating dispute resolution clauses as standard contractual boilerplate, businesses now recognise them as an integral component of risk management. Justice Surya Kant noted that this shift demonstrates a growing appreciation that commercial relationships frequently outlast individual disputes. A negotiated settlement often enables parties to continue doing business together, whereas prolonged litigation may permanently damage relationships that have taken years to build.<\/p>\n

Accordingly, mediation is no longer viewed merely as a cost-saving exercise. It has become a strategic business tool capable of protecting both commercial interests and long-term partnerships.<\/p>\n

The next frontier lies in infrastructure and community mediation<\/p>\n

Justice Surya Kant suggested that mediation’s potential extends well beyond conventional commercial disputes.<\/p>\n

He observed that large infrastructure and construction projects frequently encounter disagreements concerning delays, cost escalation, contractual variations and performance obligations. Such disputes often remain pending for years, increasing project costs and affecting economic development.<\/p>\n

According to him, many of these disagreements could be resolved more effectively through structured mediation mechanisms and dispute resolution boards established at the commencement of projects rather than after disputes have escalated. He also emphasised the importance of strengthening mediation at the grassroots level.<\/p>\n

Recalling the traditional role played by village communities in resolving local disputes, he observed that modern legal systems should continue investing in community mediation, enabling citizens to resolve disagreements quickly, informally and with minimal disruption to social relationships.<\/p>\n

For Justice Surya Kant, mediation’s future therefore lies not only in international commercial arbitration centres and corporate boardrooms but equally in neighbourhoods, villages and local communities where disputes first arise.<\/p>\n

Technology should assist mediation not replace mediators<\/p>\n

The conference also devoted considerable attention to the growing influence of technology on dispute resolution.<\/p>\n

Justice Surya Kant acknowledged that Online Dispute Resolution (ODR)<\/span> has significantly expanded access to justice by enabling parties separated by geography to participate in mediation without physical travel. Digital platforms, he observed, have already demonstrated their capacity to improve efficiency, reduce costs and make dispute resolution accessible to larger sections of society. However, he cautioned against assuming that technological advancement can replace the distinctly human qualities upon which successful mediation depends.<\/p>\n

As he observed:<\/p>\n

“Online Mediation may not be left entirely to AI-based software. They may carry a human voice but won’t be able to display human empathy and apology.”<\/p>\n

According to him, artificial intelligence can assist mediators by organising information, facilitating communication and improving procedural efficiency. Yet technology remains only an instrument. Empathy, trust, emotional intelligence, intuition and the ability to understand human motivations continue to belong exclusively to human mediators.<\/p>\n

Justice Surya Kant therefore suggested that technological innovation should strengthen not substitute the human foundations of mediation.<\/p>\n

Innovation must remain anchored in trust<\/p>\n

Another recurring theme throughout the conference was that institutional innovation should never come at the cost of public confidence. Justice Surya Kant observed that mediation derives its legitimacy not from statutory recognition alone but from the trust parties place in the process itself.<\/p>\n

Confidentiality, neutrality, voluntariness and fairness therefore remain indispensable features of every successful mediation system. He also expressed hope that the proposed Jaipur Declaration on Peace Mediation, expected to emerge from the conference, would become more than a symbolic statement of intent. Rather than remaining a ceremonial document, he hoped it would evolve into practical guidance capable of assisting judges, lawyers, mediators and policymakers across Commonwealth jurisdictions in strengthening mediation within their respective legal systems.<\/p>\n

For Justice Surya Kant, the true success of such initiatives would lie not in their adoption alone but in their practical application by those entrusted with resolving disputes every day.<\/p>\n

The conference, he suggested, represented an important opportunity for jurisdictions across the Commonwealth to collectively rethink how justice systems can become more humane, accessible and responsive while preserving the core values of the Rule of Law.<\/p>\n

Justice must ultimately strengthen society, not merely resolve disputes<\/p>\n

As the conference drew to a close, Justice Surya Kant returned to what emerged as the central message running through his addresses that mediation should not be viewed merely as another procedural mechanism within the justice system, but as a philosophy that places dialogue, dignity and human relationships at the heart of dispute resolution.<\/p>\n

While recognising that litigation and arbitration remain indispensable components of the legal system, he observed that they are not always capable of repairing relationships fractured by conflict. Courts determine legal rights and liabilities, while arbitration delivers binding commercial outcomes. Mediation, however, offers something fundamentally different: it empowers parties themselves to craft solutions that reflect their own interests, preserve relationships and create lasting peace.<\/p>\n

As he explained:<\/p>\n

“The court gives us certainty, precedent and the final word when all else fails. Mediation gives us the space to write our own ending before the last word ever needs to be spoken.”<\/p>\n

According to Justice Surya Kant, this distinction explains why mediation should no longer be regarded as a secondary alternative to litigation. Rather, it represents an equally legitimate pathway to justice, one that complements adjudication while reducing hostility, encouraging dialogue and promoting voluntary compliance with mutually accepted outcomes.<\/p>\n

A justice system must remain accessible, humane and future-ready<\/p>\n

Justice Surya Kant observed that justice systems across the world are confronting unprecedented challenges. Increasing commercial complexity, technological advancements, cross-border transactions and expanding public expectations require legal institutions to continually evolve without compromising their foundational values. He suggested that mediation is uniquely positioned to respond to these changing realities because of its inherent flexibility.<\/p>\n

Unlike adversarial proceedings, mediation allows solutions to be tailored to the particular needs of the parties, encourages cooperation instead of confrontation and reduces the emotional, financial and social costs often associated with prolonged litigation. He therefore described mediation as an essential component of a justice system that seeks not merely to dispose of cases but to resolve conflicts in ways that preserve social harmony.<\/p>\n

Throughout the conference, Justice Surya Kant repeatedly emphasised that innovation within dispute resolution should never come at the expense of fairness, impartiality or public confidence. Whether through technological advancement, institutional reform or legislative change, every innovation, he suggested, must ultimately serve one objective: making justice more accessible while preserving trust in legal institutions.<\/p>\n

India’s mediation journey is only beginning<\/p>\n

Justice Surya Kant also expressed optimism about India’s growing role in shaping the future of mediation, both domestically and internationally. He observed that legislative reforms such as the Mediation Act, 2023<\/a>, institutional initiatives led by the judiciary, expanding mediation centres and increasing public awareness together demonstrate that mediation has moved well beyond experimentation. It is steadily becoming embedded within India’s justice delivery framework.<\/p>\n

He also noted that conferences such as the Commonwealth Peace Mediation Conference create opportunities for jurisdictions to learn from one another while collectively strengthening mediation as an effective means of resolving disputes.<\/p>\n

The exchange of experiences, institutional practices and professional expertise, he suggested, will play an important role in ensuring that mediation continues evolving to meet the demands of increasingly interconnected societies.<\/p>\n

Concluding reflections<\/p>\n

Across CPMC 2026, Justice Surya Kant presented a vision of mediation that extended far beyond efficiency, cost reduction or case management.<\/p>\n

Drawing upon India’s civilisational traditions, constitutional values, judicial developments and modern commercial realities, he argued that mediation represents one of the strongest expressions of the Rule of Law itself. From the Panchayats of rural India and Lord Krishna’s mission as a Shanti Doot to the Mediation Act, 2023<\/a> and contemporary commercial disputes, mediation has consistently reflected the belief that dialogue should precede confrontation and consensus should be preferred wherever possible.<\/p>\n

The conference ultimately reinforced that the future of justice will not be measured solely by the number of judgments delivered, but also by the legal system’s ability to foster trust, preserve relationships and provide citizens with accessible, dignified and effective avenues for resolving disputes.<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

From ancient village panchayats and the Mahabharata to the Mediation Act, 2023 and modern commercial disputes, Chief Justice of India Justice Surya Kant outlined why mediation must become a central pillar of India’s justice delivery system and the Rule of Law.<\/p>\n","protected":false},"author":67537,"featured_media":392112,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[42903,2],"tags":[8511,26333,111260,107229,29543,30105,20951,54107,111253,61431,111255,72311,111256,14281,35299,111261,61792,111257,84405,111262,47559,42364,111254,16091,111259,111258,45258],"class_list":["post-392087","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-events-and-webinars","category-news","tag-access-to-justice","tag-adr","tag-afcons-infrastructure","tag-ai-in-mediation","tag-alternative-dispute-resolution","tag-artificial-intelligence","tag-chief-justice-of-india","tag-commercial-mediation","tag-commonwealth-peace-mediation-conference-2026","tag-community-mediation","tag-court-annexed-mediation","tag-international-mediation","tag-jaipur-declaration","tag-judicial-reforms","tag-justice-surya-kant","tag-m-r-krishna-murthy","tag-mediation-act-2023","tag-mediation-for-the-nation","tag-mediation-in-india","tag-moti-ram","tag-odr","tag-online-dispute-resolution","tag-peace-mediation","tag-rule-of-law","tag-salem-advocate-bar-association","tag-samadhan-samaroh","tag-section-89-cpc"],"yoast_head":"\nCJI 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