Supreme Court judge Justice P.S. Narasimha has underscored the transformative potential of mediation, observing that a consensual settlement arrived at by the parties themselves is often more durable and satisfying than a determination imposed through conventional judicial adjudication.
Speaking about the Supreme Court’s Samadhan Samaroh initiative, Justice Narasimha explained that the programme seeks to address two persistent challenges confronting the justice delivery system—the mounting burden of pending litigation and the need to evolve dispute-resolution mechanisms that are less cumbersome and excessively technical.
The nationwide initiative, which commenced on April 21, is designed to facilitate amicable and consent-based settlements in matters pending before the Supreme Court and will culminate in a Special Lok Adalat scheduled from August 21 to 23.
Justice Narasimha described Samadhan Samaroh as the nomenclature adopted for a structured mediation-driven exercise, emphasising the fundamental distinction between consensual dispute resolution and adversarial adjudication. While a court ultimately entrusts the resolution of a dispute to an independent adjudicatory authority, mediation restores agency to the disputants themselves, allowing them to participate directly in shaping the terms of settlement.
According to Justice Narasimha, the voluntary character of mediation constitutes its most significant strength. A settlement reached through the informed participation and consent of the parties is likely to command greater acceptance and possess greater longevity than a judicial pronouncement handed down by an external authority. The process, he suggested, shifts the focus from the mere disposal of litigation to the resolution of the underlying dispute.
He also traced the evolution of the Supreme Court’s efforts to institutionalise settlement-oriented mechanisms. Although Lok Adalats have long formed part of the Court’s alternative dispute resolution framework, a more systematic exercise was initiated in 2024. At the time, litigants were approached through the National Legal Services Authority at the grassroots level, with settlements eventually being placed before the Supreme Court for formal acceptance.
This year, the process has been broadened to secure greater participation from Advocates-on-Record, counsel representing institutional litigants and officials of the concerned organisations. Justice Narasimha illustrated the collaborative model by referring to disputes involving insurance claims, where the claimant, legal representatives and officers of the insurance company were brought into the settlement process simultaneously, while outreach efforts continued through NALSA at the local level.
The objective, he explained, is to create a comprehensive mechanism in which institutional engagement and grassroots-level communication converge to facilitate a mutually acceptable resolution.
Justice Narasimha also highlighted the enforceability of mediated settlements, making it clear that a resolution reached through the process does not remain a mere private understanding between the parties. Once accorded legal sanctity, such settlements acquire the character of an enforceable decree and may be executed in accordance with law in the event of non-compliance.
The initiative also seeks to remove the financial disincentives often associated with dispute resolution. Justice Narasimha noted that litigants presently do not incur any cost for participating in the process, while court fees and stamp duty paid at the stage of instituting proceedings are also refundable where a settlement is successfully reached.
Clarifying the legal architecture underlying Samadhan Samaroh, Justice Narasimha said that the initiative does not create a separate dispute-resolution regime outside the existing statutory framework. Rather, it operates alongside the established Lok Adalat mechanism, with the Legal Services Authorities Act, 1987, and the Mediation Act, 2023, functioning in tandem to facilitate consensual settlement and accord legal enforceability to the outcome.
The Supreme Court’s initiative is thus aimed not merely at reducing docket congestion, but at advancing a more participatory conception of justice—one in which parties move from being passive recipients of a judicial verdict to active stakeholders in the resolution of their own disputes.
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