Mediation has emerged as a formidable force in alternative dispute resolution (ADR), enabling swift, amicable settlements while alleviating the burden on judicial systems worldwide. Leading nations such as the U.S., the U.K., and Singapore have institutionalized mediation as a primary recourse for commercial, family, and civil disputes. The growing global acceptance of mediation is evident in the United Nations Convention on International Settlement Agreements Resulting from Mediation (Singapore Convention on Mediation), which strengthens its role in cross-border conflict resolution.
In India, an overburdened judiciary—grappling with a backlog exceeding 40 million cases—has made mediation an urgent necessity. The Mediation Act, 2023, marks a pivotal step forward, establishing a structured framework that mandates pre-litigation mediation and institutional mediation centers. The success of Lok Adalats and court-annexed mediation centers in resolving family, real estate, and corporate disputes underscores India’s potential to mainstream mediation as an effective legal remedy.
Unlike litigation, mediation fosters collaboration, confidentiality, and cost-efficiency, making it particularly effective for commercial and interpersonal conflicts. However, challenges persist—enforceability concerns, lack of awareness, and limited infrastructure continue to hinder its widespread adoption. To unlock mediation’s full potential, India must strengthen institutional support, invest in mediator training, and cultivate cultural acceptance of this practice. With sustained reforms and policy backing, mediation can redefine dispute resolution, ensuring faster, fairer, and more sustainable settlements in both domestic and international legal spheres.
At Vidhi Utsav 2025, hosted by OakBridge Publishing, The Interview World engaged in an exclusive conversation with Gokul Narayan, CEO of the Asian School of Cyber Laws. He delved into mediation’s evolution in India, dissected the reasons behind its slow adoption despite mounting legal backlogs, and assessed India’s progress in comparison to global benchmarks. He also identified key legal segments where mediation could significantly reduce case pendency, offered insights for aspiring mediation lawyers, and highlighted the evolving landscape of cyber laws in India. Here are the key takeaways from this compelling discussion.
Q: How has mediation evolved in India, and what is its current status in the dispute resolution landscape?
A: Mediation is rapidly evolving. With each passing day, its popularity surges, fuelled by growing awareness and a deeper understanding of its significance. Enthusiasm for mediation continues to rise, reflecting a fundamental shift in how disputes are resolved.
When I began practicing mediation in 2016, it was far from a buzzword. Awareness was minimal, and neither legislation, courts, nor the legal fraternity prioritized it. That landscape has completely transformed. Today, mediation stands on the brink of becoming the second most preferred form of dispute resolution—a shift I have long anticipated and continue to emphasize.
Q: Why has mediation not gained significant importance in India despite the overwhelming case backlog and the urgent need for timely dispute resolution?
A: One of the biggest reasons mediation remains unpopular in India is the prevailing mindset. Many perceive mediation as mere compromise—a settlement process that feels unnecessary, especially when they believe they have a strong case. This misconception stems from a lack of understanding. Mediation is not about conceding unwillingly; it is a structured, collaborative negotiation. It empowers parties to determine their own outcomes rather than forcing them into concessions they do not wish to make.
A deeper issue lies in how dispute resolution is approached in India. As I mentioned earlier, we have not been taught to collaborate in resolving conflicts. Instead, we rely on external authorities to decide for us—judges, arbitrators, or other decision-makers who dictate what is right and wrong. Our legal education reinforces this dependency, focusing on adjudication rather than solution-oriented thinking. As a result, mediation is often seen as a weak or ineffective process, rather than the powerful and strategic dispute resolution tool it truly is.
Q: What is mediation’s current share in India’s legal system and international cases, and how does its growth compare to developed countries?
A: India holds the greatest potential for growth in mediation, driven by an overwhelming backlog of cases and an urgent need for swift, cost-effective, and efficient justice. No other country faces a greater demand for mediation, making India the ideal ground for its success.
I firmly believe that India’s evolving judicial system will pioneer solutions for integrating mediation into large, complex societies burdened with massive case pendencies. We are poised to lead by example. Unlike Western nations, where mediation thrives in systems with manageable caseloads, India faces a unique volume challenge. This challenge, however, presents an opportunity—one that India can seize to establish itself as a global thought leader in mediation.
Q: In which domain—civil, corporate, or criminal—can mediation be most effective in ensuring efficient and fair dispute resolution?
A: Mediation plays a crucial role in resolving civil disputes, offering a structured yet flexible alternative to litigation. It fosters open dialogue, allowing parties to negotiate settlements in a confidential and cost-effective manner. In civil cases, mediation helps resolve contractual conflicts, property disputes, and family matters without prolonged court battles. Corporate mediation, on the other hand, addresses commercial disputes, shareholder conflicts, and employment issues, ensuring business continuity while preserving professional relationships.
Though litigation remains an option, mediation promotes collaboration, reduces legal expenses, and delivers quicker resolutions. Its adaptability makes it an invaluable tool for both civil and corporate conflict resolution.
Q: What percentage of pending cases in the Indian legal system belong to civil litigation, and how does it impact judicial efficiency?
A: I can’t provide an exact figure on pending cases, but the backlog is undeniably vast, especially in lower courts. The sheer volume of unresolved cases highlights the urgency for effective solutions. Mediation offers a powerful tool to streamline civil litigation, providing a faster and more efficient path to resolution.
Q: What message would you like to share with young and aspiring lawyers about the importance and future of mediation in legal practice?
A: My message begins with educators and universities: they must integrate mediation into legal education as a core subject, not just a minor component of a single program. Mediation is fundamental to understanding collaborative dispute resolution, and institutions must teach it with greater depth and seriousness.
For law students, regardless of specialization—litigation, corporate law, or any other field—mediation is an essential skill. It shapes not only professional success but also personal growth. Whether you practice it or not, mediation enhances communication, fosters problem-solving, and transforms the way you navigate conflicts, making it a life-changing asset in every sphere.
Q: How is India’s cyber law evolving and strengthening, and what are your insights on its progress and impact?
A: Our cyber laws are strong and effective. Like any legal framework worldwide, they have challenges and areas for improvement. However, with new regulations like the Data Protection Act and laws safeguarding children’s rights, such as Protection of Children from Sexual Offences (POCSO) Act, India is making significant progress. These advancements signal a decisive move toward a more secure digital ecosystem. In the coming years, we will establish a robust system that effectively protects individual digital rights and ensures a safer cyberspace.
