Mahabharata, early attempt at mediation, a tool of social justice: Chief Justice N V Ramana

Chief Justice N V Ramana on Saturday said mediation, as a concept, is deeply embedded into the Indian ethos and can be described as a tool of social justice in the Indian context.

“Mediation…can be described as a tool of social justice in the Indian context. Such a party friendly mechanism ultimately upholds the rule of law, by providing an incentive for parties to utilise their autonomy to the fullest to arrive at a just and equitable outcome," Chief Justice of India N V Ramana said.

He maintained that mediation is the cheapest and simplest option available to the public at large.

In his keynote address at the India-Singapore mediation summit "Making Mediation mainstream: Reflections from India and Singapore", Justice Ramana said India is home to many identities, religions and cultures which contribute to its unity through diversity, and this is where the rule of law, with an assured sense of justice and fairness, come into play.

He said Mahabharata, is an example of an early attempt at mediation as a conflict resolution tool, where Lord Krishna attempted to mediate the dispute between the Pandavas and Kauravas.

It may be worthwhile to recall that the failure of mediation in Mahabharata led to disastrous consequences, he pointed out.

The Chief Justice emphasised mediation, as a concept, is deeply embedded into the Indian ethos; long before the arrival of the British adversarial system in India.

“The establishment of the British courts system, in 1775, marked the erosion of community-based indigenous dispute resolution mechanisms in India. The British judicial system has ultimately become the framework, with appropriate modifications, for the current judicial system in India," the Chief Justice said.

Taking objection to the statistics regarding pendency, he said it is often stated there are 45 million pending cases because courts cannot handle it.

“It is an uncharitable analysis. Cases filed yesterday get added to the list and thus is not a useful indicator to see how well a system is doing. Issue of judicial delays is a complex problem and just not in India," he said.

He also stressed the need for training sessions for mediators, as the role has evolved from a passive facilitator to a role involving advisory participation.