'Mediation embedded in Indian ethos': CJI NV Ramana draws parallel with epic Mahabharata

Addressing the India-Singapore Mediation Summit in the presence of Chief Justice of Singapore Sundaresh Menon, Chief Justice of India NV Ramana said on Saturday that Indian epic Mahabharata provided an early example of an attempt at mediation. 

He said, "The great Indian epic, the Mahabharata, actually provides 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. Mediation is deeply embedded in Indian ethos. Long before British arrived, disputes were often resolved by Chieftains or elders."

The CJI then took a stand against the statistics that shows cases without a verdict piling up in the judicial system. His argument was that the numbers are not accurate and are often taken out of context. He said, "Need for mediation arises from judicial delays. It is often stated that there are 45 million pending cases and it's said because courts cannot handle it. It is an uncharitable analysis." He argues that recently filed cases are also added to the statistics and that cannot accurately indicate the performance of a judicial system. He even says that the involved parties file several suits to delay the judiciary process and that is not a problem just in India. 

The role of a mediator

The CJI spoke about a mediator's role when the parties involved are from different economical backgrounds. The CJI said, "You can call this the mediator's modern dilemma. But when one party is better situated economically and politically than the other party and settlement is patently unjust to the other party. Should the mediator be silent then? These are some questions one must consider. India has a diverse social fabric where substantive equality needs to be upheld even in the process of mediation. My object is to not discourage mediation but make it more robust and meaningful. In-depth and continuous training of mediators is needed."

He used the reference of pilots undergoing continuous and rigorous training to land under different circumstances. He said that the neutrality of mediators is very important and "the rules governing mediators must bring about transparency and accountability."