In an insightful address at the Indian High Commission in London, Chief Justice of India (CJI) Surya Kant underscored the role of artificial intelligence (AI) in enhancing mediation processes. However, he firmly stated that AI could never replace the nuanced human elements critical to successful mediation—such as judgment, empathy, and an understanding of human behavior.
AI’s Role in Mediation
During the discussion titled “Technology and the Future of Mediation,” CJI Surya Kant highlighted that AI tools are already making significant strides in improving the efficiency and reducing the costs of mediation through data analysis, issue identification, and virtual platforms. However, he cautioned against viewing AI as a replacement for human mediators. He stressed, “Mediation involves a lot of pure human exercise,” emphasizing the importance of applying both the “mind” and “heart” in the mediation process.
He elaborated on AI’s utility, noting that while AI can assist parties in assessing the strengths and weaknesses of their legal positions and predict litigation outcomes, using it to predict mediation successes could undermine the process’s intrinsic nature. According to him, AI should not be allowed to intrude into human behavior, a fundamental aspect of mediation.
Data Privacy Concerns
CJI Kant also addressed data privacy issues, highlighting the sensitive nature of the information shared within the justice system. He referenced the Supreme Court’s recent draft regulations aimed at governing AI use within the judiciary.
India’s Growing Mediation Landscape
The event, set against the backdrop of strengthening India-UK economic relationships, saw Indian High Commissioner Kumaran Periasamy open the discussion by emphasizing the necessity for efficient and credible dispute-resolution mechanisms as trade and digital cooperation expand between the two countries. He recognized the role of technology in making mediation more accessible, while maintaining that trust and human judgment are foundational to the process.
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CJI Kant reflected on India’s mediation journey over the past two decades, acknowledging both judiciary and government efforts in promoting mediation, especially with the enactment of the Mediation Act, 2023. He proudly stated that India has witnessed a significant increase in public awareness and preference for mediation, supported by initiatives like “Mediation for Nation.”
Mediation vs. Arbitration
Highlighting mediation’s benefits over arbitration, CJI Kant noted that mediation is quicker, more cost-effective, and helps maintain commercial relationships. However, he acknowledged the indispensable role of arbitration in international disputes, expressing concerns about its growing complexity, which often leads to litigation even before arbitration proceedings officially commence.
Global Perspectives on Mediation
The discussion also featured insights from Justice Nicholas Hamblen of the UK Supreme Court and other legal experts. Justice Hamblen agreed with CJI Kant, noting the increasing importance of mediation post the Court of Appeal’s decision in Churchill v Merthyr Tydfil Borough Council, which moved courts to actively direct parties towards alternative dispute resolution.
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Kirsty Brimelow KC, Chair of the Bar Council of England and Wales, and Brett Dixon, Vice-President of the Law Society of England and Wales, also shared their perspectives. Brimelow highlighted the deeper issues of trust and dignity inherent in disputes, while Dixon noted mediation’s rising value in online dispute resolution systems, though acknowledging the global challenge of scaling due to a lack of trained mediators.
The event, moderated by advocate Tanvi Dubey, featured significant discussions on the role of AI and human elements in the evolving landscape of mediation.
