Chief Justice of India Justice Surya Kant on Saturday, 1 August declared that dispute resolution through dialogue and mediation is inseparable from India's civilisational identity, tracing its lineage to the Vedas, the philosophies of Kautilya, and the legal practice of Mahatma Gandhi. Speaking at the Commonwealth Mediation Conference in Jaipur, he argued that mediation was woven into Indian culture centuries before it was formally codified in the Mediation Act, 2023.

The Orange Story: A Lesson in Listening

To illustrate the core principle of mediation, CJI Surya Kant narrated a parable of two sisters quarrelling over a single orange. 'Both insisted they deserved it, the elder on the basis of seniority and the younger because she was younger. After a prolonged argument, they agreed to split the orange equally. One sister discarded the peel and ate the fruit, while the other threw away the fruit and used the peel to bake a cake,' he recounted.

The CJI observed that had the sisters communicated their actual needs rather than defending fixed positions, one could have received the entire fruit and the other the entire peel. 'In real life too, without mediation, conversations often remain incomplete,' he said.

Ancient Roots: Vedas, Epics and Kautilya's Arthashastra

Addressing delegates on the second day of the conference, the CJI noted that the inaugural session had already traced mediation's presence in the Vedas and India's historical traditions. He further drew on the Ramayana, the Mahabharata, and other ancient texts, describing each as offering distinct insights into the dimensions of mediation.

Turning to Kautilya's Arthashastra, CJI Surya Kant highlighted the ancient philosopher's four methods of governance — 'Saam' (conciliation), 'Daam' (inducement), 'Dand' (punishment), and 'Bhed' (division). Calling Kautilya one of the greatest philosophers he had studied, the CJI underscored that 'Saam' — persuasion and conciliation — was deliberately placed first, forming the bedrock of what he described as the modern philosophy of mediation.

India's Traditional Dispute-Resolution Hierarchy

The CJI also outlined an ancient tiered system of dispute resolution in which disagreements were first brought to the 'Kula' (family), then the 'Shreni' (guild), followed by the 'Puga' (assembly), and only thereafter to the King. The foundational principle of this system, he said, was always to sit together and resolve disputes through dialogue before seeking formal adjudication — a practice that mirrors contemporary mediation frameworks.

Gandhi's Legal Career and the Spirit of Settlement

Recalling Mahatma Gandhi's years as a lawyer, CJI Surya Kant noted that Gandhi had described facilitating an amicable settlement between two disputing parties as the most satisfying experience of his legal practice. 'This shows that mediation has flowed through our veins in India long before it was codified in law in 2023. It is an integral part of our culture, and today both the Legislature and the Judiciary are playing an important role in strengthening it,' the CJI said.

Role of Legislature and Judiciary

The CJI emphasised that both branches have actively worked to institutionalise mediation in recent years, with the Mediation Act, 2023 marking a legislative milestone. He positioned the statute not as an introduction of a foreign concept, but as a formal recognition of a practice that India has carried through millennia. The Commonwealth Mediation Conference in Jaipur serves as a platform for member nations to exchange frameworks and best practices, and the CJI's address signalled India's intent to position itself as a thought leader in the global mediation movement.