Raksha Devi v. Parkash Chand 2025 INSC 1216 - Mediation - Lawyers As Mediators

Mediation - The essence of dispute resolution lies in selfless endeavour which is at the core of harmonious living- If lawyers are to double-up and evolve as mediators, a development which we consider is 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 mind set begins with revisiting certain traditional techniques and practices developed for argumentation. Here, the fundamental principle is to listen, rather than speak. 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 embedded in western approaches, where professionalism is separated from individual character. Goodness is an essential value, it is neither divorced from professionalism nor unattainable through power of the will. (Para 7)