Supreme Court: Lawyers must learn to ‘listen rather than speak’ to become effective mediators
New Delhi, Oct 13: The Supreme Court has underscored the growing importance of mediation in India’s justice system, observing that it…
New Delhi, Oct 13: The Supreme Court has underscored the growing importance of mediation in India’s justice system, observing that it is “inevitable” for lawyers to evolve as mediators. The Court stated that such a transformation requires a fundamental change in mindset—from adversarial litigation to constructive and empathetic problem-solving.
Lawyers must develop new skills and attitudes
“If lawyers are to double up and evolve as mediators, a development which we consider inevitable, they must cultivate a distinct set of skills and adopt a new attitude towards dispute resolution—one that diverges from adversarial litigation. The acquisition of these skills and mindset begins with revisiting certain traditional techniques and practices developed for argumentation,” the Court observed.
The Court emphasised that the essence of mediation lies in “listening rather than speaking.”
“Mediators speak by listening. The model of mediation that we envision for our country, which may be termed Swadeshi Mediation, involves transcending the binary often seen in Western approaches, where professionalism is separated from individual character. Goodness is an essential value—it is neither divorced from professionalism nor unattainable through willpower,” the Court stated.
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Case background: A 40-year-old dispute finally settled
The observations were made by a Bench comprising Justices P.S. Narasimha and Atul S. Chandurkar, while hearing a civil appeal concerning a nearly four-decade-old dispute over agricultural land and other immovable properties in Himachal Pradesh. The matter, which reached the Supreme Court in 2011, was referred to mediation in 2024, with Senior Advocate Gaurav Agrawal appointed as the mediator.
Unlike conventional courtroom proceedings, the mediator personally travelled to Hamirpur, met both families involved, inspected the disputed properties, and facilitated confidence-building measures. Through this personal engagement, the parties reached a mutual agreement and requested the Court to dispose of the appeal based on the terms of the settlement.
Supreme Court praises mediator’s sincerity and selflessness
Acknowledging the mediator’s “selfless endeavour,” the Supreme Court observed that mediation—when conducted with sincerity and empathy—can lead to far more effective resolutions than adversarial litigation.
“We believe that the essence of dispute resolution lies in selfless endeavour, which is at the core of harmonious living. This is precisely what transpired, as the mediator shed the argumentative skills and adversarial demeanour of a lawyer and travelled to Hamirpur to mediate the dispute,” the Bench remarked.
‘Mediation should be prioritised over litigation’
The Court further stressed that mediation must be prioritised as an essential component of the justice delivery system. It observed that lawyers aspiring to act as mediators should develop a distinct skill set focused on persuasion, empathy, personal engagement, and simplicity—qualities that help disputing parties reach a fair and lasting settlement.
“The mediator’s professionalism should not be detached from personal character,” the Court added, highlighting that successful mediation depends as much on integrity and goodwill as on technical legal knowledge.
Final order
Based on the agreement reached during the mediation process, the Supreme Court directed that a decree be drawn accordingly and disposed of the civil appeal in terms of the settlement.
