SC Judge Calls For ‘Mindset Change’ In Gov’s Approach To Mediation

Justice B V Nagarathna

Supreme Court judge Justice B V Nagarathna called for a radical shift in the government’s approach to mediation, stressing that mindset change among state authorities is essential to make mediation a credible and effective tool for conflict resolution.

She was addressing the National Mediation Conference 2025 in Bhubaneswar, where judges, policymakers, and legal experts gathered to deliberate on mainstreaming mediation under the Mediation Act, 2023.

Litigation Mindset Hurts Public Interest

Justice Nagarathna cautioned against the government’s tendency to pursue litigation even in cases with little chance of success.

“If a government body continues to pursue litigation where there is no likelihood of success, merely to exhaust all judicial avenues, it results in a significant waste of public resources and judicial time,” she observed.

She emphasised that mediation requires trust and commitment from state authorities. Suspicion or hesitation, particularly regarding decrees involving government bodies and private contractors, could derail efforts to promote mediation.

“If a mediation decree between a government body and a contractor is viewed with suspicion by higher officials or their successors in office, then the entire project of promoting mediation between state authorities and private entities will fail to gain ground,” she warned.

Clear Policies Needed

The judge urged the formulation of national and state litigation policies with explicit provisions on when governments should or should not challenge mediation outcomes. Such clarity, she said, would help build mediation as a reliable alternative to litigation, especially in government-related disputes.

Justice Nagarathna also reminded the legal profession of its role as “healers of human conflict,” pushing for quicker, cost-effective, and less stressful dispute resolution mechanisms.

“Is mediation not a mechanism that has now been statutorily recognised in place of the justice system to achieve justice?” she asked. “Mediation is a new dimension not only to achieve justice but also to ensure access to justice. It embraces the philosophy of democracy.”

Litigants Need Awareness

Highlighting the need for greater public awareness, Justice Nagarathna said litigants must be informed of the benefits of mediation over prolonged court battles.

“What is required is a complete change in mindset. Litigants must be made aware of the benefits of mediation, rather than waiting endlessly for justice through conventional litigation,” she said.

She also urged the judiciary to shed skepticism and actively promote mediation in light of the 2023 law:
“We in the judiciary can no longer remain in the past. Now that Parliament has enacted the 2023 Act, it becomes our duty not to meet it with skepticism but to fulfill the legislature’s intent.”

Justice Aravind Kumar Shares Experience

Also speaking at the session, Justice Aravind Kumar recounted his experience as Assistant Solicitor General at the Karnataka High Court. He said a settlement between the government and landowners was once stalled because a secretary feared personal repercussions for approving it.

“This is the basic mindset in the majority of state litigation officers,” he remarked, noting that nearly 46.78% of pending cases across forums involve government entities.

He underscored the need for governments to embrace mediation as a viable resolution mechanism to reduce the burden on courts.