By Inderjit Badhwar
In the ceaseless quest for justice, India’s judicial system has long been burdened by a crippling backlog of cases. With over 51 million cases pending as of December 2024, our courts are like a vast ocean filled with stranded ships—litigants who, despite their yearning for resolution, remain stuck in a perpetual cycle of tareekh pe tareekh. This iconic Bollywood phrase from three decades ago continues to resonate today, underscoring the frustrations of millions who seek justice, but find themselves ensnared in endless delays.
It is this pressing reality that makes mediation—an Alternative Dispute Resolution (ADR) mechanism—the need of the hour and the focus of our cover story. In our view, mediation represents a paradigm shift in how disputes are resolved, offering a collaborative, efficient and human-centric alternative to the adversarial court battles that dominate the current system.
The Mediation Act of 2023 was a bold legislative step, aiming to institutionalize mediation as a preferred method of resolving disputes. Yet, over a year since its enactment, the law remains in legislative limbo, with key provisions yet to be notified and the establishment of the Mediation Council of India still a distant dream. This gap between legislative intent and actionable implementation is a stark reminder of how reforms often falter in the face of bureaucratic inertia and lack of political will.
Why does this matter? Because the stakes couldn’t be higher. The judiciary, often hailed as the last bastion of hope for ordinary citizens, is groaning under the weight of its own inefficiencies. District courts alone account for 87 percent of the pending cases and some cases in High Courts have been languishing for over 30 years. Justice delayed is not just justice denied—it is justice eroded. It undermines trust in institutions, leaves grievances unresolved, and often exacerbates the very conflicts it seeks to mitigate.
Our cover story delves deep into this crisis and highlights the transformative potential of mediation. It captures how mediation, unlike traditional litigation, focuses on collaboration rather than confrontation. Mediators serve as facilitators, guiding parties towards mutually agreeable solutions rather than imposing verdicts. This makes mediation not only faster and more cost-effective but also a process that preserves relationships—a critical aspect often overlooked in litigation.
The story brings to light the commendable work being done by pioneers like the Delhi High Court Mediation Centre, which has settled nearly 25 percent of the 33,406 cases referred to it. It also underscores the challenges that remain—lack of trained mediators, inadequate infrastructure, and a general unwillingness among litigants and lawyers to embrace mediation as a viable first choice.
We believe this story deserves to be on our cover because it is about more than just a legal reform—it is about reimagining justice itself. Mediation holds the promise of breaking free from the adversarial mindset that has long dominated our judicial culture. It is a tool that can humanize justice by focusing on reconciliation rather than retribution.
But for this promise to be realized, much work remains to be done. The Mediation Act must be fully operationalized, and the Mediation Council of India must be established to set standards and govern the practice. Beyond the legal framework, there is a pressing need for community sensitization to make mediation the default choice for dispute resolution, particularly in rural areas where access to formal courts is limited.
This editorial is also a call to action for policymakers, legal professionals, and ordinary citizens alike. Policymakers must prioritize the implementation of the Mediation Act and invest in the infrastructure and training required to support it. Lawyers must shed their apprehensions and see mediation not as a threat to their livelihood, but as an opportunity to expand their practice and serve their clients better. And citizens must embrace mediation as a means to resolve disputes with dignity and fairness.
As an editorial team, we chose this story for its profound implications—not just for the legal fraternity, but for society at large. Justice is not merely about resolving disputes; it is about fostering trust, healing wounds, and building a cohesive society. Mediation, when embraced fully, can be a powerful tool for achieving these goals.
The Indian judicial system is at a crossroads. The path we choose now will determine whether we continue to struggle under the weight of tareekh pe tareekh or embrace a more humane, efficient, and collaborative approach to justice. This is why we believe the conversation around mediation is not just timely—it is essential.
By shining a spotlight on this issue, we hope to contribute to a broader dialogue about the future of justice in India. Because in the end, justice is not just about laws and courts—it is about people. And it is people who stand to gain the most from a judicial system that works for them, not against them.