During the International ADR Conference 2026, Chief Justice of India (CJI) Surya Kant emphasized the superior compliance rates associated with mediation compared to traditional court-imposed decisions. Citing studies, the CJI noted that voluntary adherence to agreements reached through mediation could reach up to 90 percent.
Addressing the conference organized by the Madhyam International Council for Conflict Resolution, CJI Surya Kant highlighted the participatory nature of mediation. He stated, “A party who has had a genuine hand in drafting the terms of a resolution rarely finds cause to abandon them later. In contrast, parties subjected to a verdict, no matter how legally sound, often explore avenues for appeal, delay, or other forms of resistance.”
The CJI elaborated on the distinctions between litigation, arbitration, and mediation. While litigation and arbitration focus on determining correctness and legal requirements, mediation centers on what the involved parties can mutually agree upon and build upon. However, he clarified that this does not render mediation inherently superior to arbitration.
“Arbitration has rightfully earned its place within the framework of modern commerce,” CJI Kant noted, especially in fields like engineering and cross-border contractual disputes. Nonetheless, he warned that arbitral awards might not always resolve disputes definitively, as challenges can arise during the enforcement stage.
CJI Kant also addressed the evolution of mediation from informal settings to structured institutions equipped with professional mediators and digital tools. He expressed confidence in India’s potential to emerge as a global hub for mediation, calling for advanced infrastructure to support its economic growth.
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Following CJI Surya Kant, Delhi High Court Chief Justice Devendra Kumar Upadhyaya expressed optimism about mediation’s expanding role. “We might see a day when mediation may replace arbitration,” he speculated, while acknowledging the adversarial traits arbitration has acquired alongside India’s economic globalization.
Reflecting on his career transition from skepticism to advocacy for mediation, Chief Justice Upadhyaya recalled his early reservations about mediation as a lawyer. His perspective transformed through his judicial work with mediation initiatives, particularly in Lucknow.
The conference’s inaugural session featured Senior Advocate and Madhyam President Amarjit Singh Chandhiok, who discussed Madhyam’s mediation efforts. Additionally, international mediator Judge Daniel Weinstein participated virtually, emphasizing cultural considerations in mediation across different jurisdictions.
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Under the theme “ADR: Pathways to Legal Harmony,” the conference convened judges, legal professionals, and Alternative Dispute Resolution (ADR) experts from India and other countries to share insights and best practices.
