The Delhi High Court Women Lawyers Forum organized a thought-provoking panel discussion on the theme “In the conscience of every Arbitration, there is a Mediator who is asleep. How do you wake him up?” at the Delhi High Court. The event brought together distinguished judges, senior advocates, and eminent legal professionals to deliberate on the evolving interface between arbitration and mediation in India.
Distinguished Panelists & Speakers
Hon’ble Justice Navin Chawla, Judge, Delhi High Court
Hon’ble Justice Subramonium Prasad, Judge, Delhi High Court
Mr. Chetan Sharma, Senior Advocate & Learned Additional Solicitor General of India
Ms. Anuradha Dutt, Senior Partner, DMD Advocates
Key Highlights
Justice Navin Chawla underlined the need to break compartmentalization of ADR mechanisms such as arbitration, mediation, and conciliation so they can meaningfully intersect in dispute resolution.
Justice Subramonium Prasad emphasized that the core purpose of arbitration is to provide speedy and effective justice, and that mediation could play a vital role in balancing efficiency with fairness.
Mr. Chetan Sharma, ASG, in his address, invoked Fali S. Nariman’s seminal reflections in Beyond the Courtroom, stressing that arbitration is not merely an adversarial mechanism but also a space for healing and dialogue. Referring to Section 30 of the Arbitration and Conciliation Act, 1996, he emphasized the statutory and moral mandate to embrace mediation within arbitral proceedings:
“Waking up the mediator within arbitration requires humility to listen, the creation of dialogue, and the embrace of conciliation as a philosophy, not just a procedural footnote.”
Ms. Anuradha Dutt elaborated on the structural challenges, noting that despite Part III of the Arbitration and Conciliation Act embedding conciliation, there remains reluctance among parties and practitioners. She called for greater sensitization and systemic reforms to mainstream mediation as a cultural and procedural norm.
Core Issues Discussed
The underutilization of conciliation under the Arbitration and Conciliation Act, 1996.
The role of mediation in countering disenchantment with arbitration worldwide.
Practical steps for arbitral tribunals to invoke Section 30 proactively.
Safeguards needed to balance mediation with fair adjudication.
The dual role of arbitrators as adjudicators and facilitators of settlement.
The panel concluded with a consensus that conciliation and mediation must be reawakened within arbitration to ensure justice is not only delivered but also owned by the parties as a mutually acceptable solution.
Organising Committee
Nandita Rao, Sangeeta Bharti, Beenashaw Soni, Meenal Duggal, Akanksha Chandhok, Aarzoo Khattar.