Context

• Every Chief Justice of India inherits the crisis of backlog cases, with pending cases stretching across all levels of the judiciary.
• The Supreme Court alone has around 82,000 cases, while High Courts and lower courts collectively hold over five crore cases in waiting and this backlog not only delays justice but also undermines public faith in the legal system.
• While various factors contribute to the issue, ranging from a low judge-to-population ratio to an overburdened adversarial system, mediation emerges as a promising solution to alleviate this judicial logjam.

The Burden of the Adversarial System and Structural Challenges

• Excessive Litigation Culture and Multiple Appeals
  • One of the biggest issues plaguing the Indian judiciary is the excessive tendency to litigate.
  • Individuals, businesses, and even government bodies frequently turn to the courts to settle disputes, regardless of their severity or potential for resolution outside the courtroom.
  • Unlike many other legal systems that encourage pre-litigation settlements, India lacks a strong culture of alternative dispute resolution (ADR), leading to a situation where even minor disagreements escalate into full-fledged legal battles.
• Inadequate Judge-to-Population Ratio
  • India has one of the lowest judge-to-population ratios in the world, with only 21 judges per million people.
  • By contrast, the United States has 107 judges per million, while the United Kingdom has around 51 judges per million.
  • This stark disparity means that Indian judges are handling an overwhelming number of cases, significantly reducing the time and attention they can devote to each matter.
• Infrastructure and Resource Deficiencies
  • The judicial system also suffers from severe infrastructural deficits.
  • Many courts operate in outdated buildings with limited space, poor facilities, and insufficient technological integration.
  • Case records are often maintained manually, making retrieval and management cumbersome.
  • In the absence of a robust digital case management system, courts struggle to streamline proceedings, further slowing down the judicial process.
• Procedural Complexities and Delays
  • The adversarial system operates within a rigid procedural framework that, while ensuring fairness, also leads to unnecessary delays.
  • Litigants often file interim applications to delay proceedings strategically. These applications require separate hearings and decisions, further extending case timelines.
  • The process of serving summons to respondents and examining witnesses is often slow due to administrative inefficiencies.
  • Courts frequently grant adjournments due to various reasons, including lawyer unavailability, incomplete documentation, or witness absence.
  • While adjournments are sometimes necessary, their overuse contributes significantly to case delays.

The Concept of Mediation: An Untapped Resource for Dispute Resolution

• Mediation, which gained traction in India in the early 2000s, offers a viable alternative to prolonged litigation.
• Unlike the adversarial system, mediation focuses on collaborative problem-solving, with disputing parties working with a neutral mediator to reach a mutually beneficial resolution.
• This method has been particularly successful in civil, commercial, matrimonial, and property disputes.
• Instead of deepening hostilities, mediation creates dialogue and compromise, often leading to long-term settlements rather than bitter legal battles.
• One of mediation’s key advantages is its efficiency. While court cases can drag on for years, mediation usually resolves disputes within a few sessions.
• Additionally, the costs associated with mediation are significantly lower than litigation expenses, benefiting both individuals and the judicial system.
• The process also relieves judges of excessive caseloads, allowing them to focus on cases that truly require judicial intervention.

The Way Forward

• The Need for Structural Reform
  • Expanding judicial capacity: Increasing the number of judges and courtrooms will help distribute caseloads more effectively.
  • Modernizing court infrastructure: Digitising records, adopting AI-based case management systems, and using video conferencing for hearings can improve efficiency.
  • Strengthening ADR mechanisms: Promoting mediation, arbitration, and conciliation as primary modes of dispute resolution can significantly reduce litigation volume.
  • Encouraging pre-litigation settlements: Making mediation or arbitration mandatory before litigation, particularly in commercial and civil disputes, can help filter out unnecessary cases.
  • Discouraging frivolous litigation: Introducing strict penalties for baseless or repetitive cases will deter unnecessary legal action.
• Implementation and Institutional Support for Mediation
  • For mediation to be a widespread success, institutional support and systematic integration into the judicial process are essential.
  • Courts must proactively identify cases suitable for mediation and refer them to trained mediators.
  • A structured framework where parties can voluntarily choose mediation, or be assigned a mediator when appropriate, could help in diverting a significant portion of cases from the courtroom.
  • India has a growing pool of skilled mediators, including legal professionals who recognize mediation’s potential.
  • However, to ensure long-term viability, mediation must transition into a full-fledged professional avenue with adequate financial incentives for mediators.
  • Government agencies, businesses, and other stakeholders should be encouraged to adopt mediation as a standard practice in dispute resolution.

Conclusion

• While India’s judicial backlog remains a pressing concern, it also presents an opportunity to embrace mediation as a transformative tool for justice delivery.
• Rather than viewing the backlog as an insurmountable burden, the judiciary can reframe it as a resource, a vast reservoir of cases ready for resolution through alternative methods.
• By institutionalising mediation and fostering a cultural shift towards cooperative dispute resolution, India can not only expedite justice but also promote a more harmonious and efficient legal system.