Justice BR Gavai, former Chief Justice of India, addressed a distinguished audience at the International Mediation and Dispute Resolution Conference 2025 held at DY Patil University, Navi Mumbai.
This joint initiative of the University and the Bombay Bar Association brings together judicial insight, academic rigour, and professional expertise, reflecting the collaborative spirit that strengthens India’s justice system.
Justice Gavai underscored that India stands at a pivotal moment in its legal evolution.
Courts continue to uphold constitutional rights and democratic principles even as society evolves with new technologies, emerging forms of conflict, and heightened expectations of justice delivery.
Mediation, he noted, exemplifies participatory, accessible, and human-centric justice, offering durable outcomes while reducing adversarial tensions.
Tracing the journey of mediation in India, Justice Gavai highlighted Section 89 of the Civil Procedure Code, which introduced court-referred mediation, and the Commercial Courts Act, which made pre-institution mediation mandatory for commercial disputes.
These reforms culminated in the Mediation Act, 2023, India’s first standalone statute recognising mediation as a parallel system of justice capable of operating both inside and outside courts, institutionalising mediation and providing regulatory clarity for mediators and service providers.
Technological Innovations and Online Dispute Resolution
The conference also explored the rapid growth of Online Dispute Resolution (ODR), which has democratized access to justice by eliminating geographical barriers and reducing costs.
Justice Gavai highlighted the need for robust digital infrastructure, secure platforms, and specialised training to equip mediators for online processes, ensuring efficiency while maintaining confidentiality and fairness.
Justice Gavai emphasised hybrid mechanisms such as Med-Arb, combining the flexibility of mediation with the enforceability of arbitration, and stressed the importance of addressing language barriers, socio-economic inequalities, and power imbalances to make mediation genuinely inclusive.
Institutional support through court-annexed centres and programmes by NALSA and the Supreme Court’s Mediation and Conciliation Project Committee has been pivotal in building capacity and accessibility across India.
He also highlighted mediation’s growing relevance in commercial and cross-border disputes, emphasising its ability to preserve relationships, ensure confidentiality, and provide flexible, efficient solutions for global business challenges.
In conclusion, Justice Gavai urged stakeholders to cultivate a mediation mindset. Beyond legislation, mediation represents a philosophy privileging dialogue, empathy, and restoration over confrontation and punishment.
He emphasised that a people-centred approach, innovation, and inclusive practices will ensure that mediation becomes the first instinct rather than the last resort, fulfilling the promise of the Mediation Act, 2023.
Also Read: Former CJI BR Gavai Highlights India’s Long Journey Towards Equal Opportunity At Loksatta Lecture
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