“Learning, Unlearning and Relearning is Essential to Institutionalize Mediation in Public Sector Decision-Making”: Joint Secretary, Department of Legal Affairs
Emphasizing a fundamental shift in approach towards dispute resolution, Shri Ajay Kumar Arora, Joint Secretary, Department of Legal Affairs, Ministry of Law & Justice, Government of India, highlighted that “learning, unlearning and relearning is essential to institutionalize mediation in public sector decision-making”, while addressing the inaugural session of CII’s conference on “Smart Justice for Smart Enterprises: Institutionalizing Mediation & Leveraging AI for Ease of Doing Business in Public Sector” held on 21 April 2026 in New Delhi.
Shri Arora noted that while arbitration has traditionally been the preferred route, there is now a clear policy push towards mediation, particularly for the public sector. He emphasized that mediation offers a more efficient and less adversarial approach, reducing the financial burden on the public exchequer.
Drawing attention to the rising cost of delayed dispute resolution, the Joint Secretary pointed out that disputes with an initial value of ?100 can escalate exponentially over time, sometimes reaching ?10,000 due to prolonged litigation. He urged public sector officials to take timely and practical decisions, stressing that early intervention through negotiation and mediation can prevent such escalations.
The Joint Secretary also underlined that avoiding disputes altogether should be the first priority. Where disputes are unavoidable, he recommended a structured approach through “learning, unlearning and relearning”. This includes understanding the benefits of mediation, shedding rigid and fear-driven decision-making practices, and adopting a more pragmatic, solution-oriented mindset that prioritizes organizational and public interest.
Addressing concerns around accountability and audit scrutiny, Shri Arora reassured officials that well-reasoned decisions taken in good faith should not deter them from pursuing settlements. He emphasized that empowering officers to take timely decisions would not only benefit public institutions but also strengthen individual leadership and morale.
He further highlighted that mediation, unlike arbitration, is not entirely dependent on institutional frameworks and can be adopted proactively. However, the government is taking steps to strengthen mediation infrastructure and institutional mechanisms to support its wider adoption.
The session also featured insights from Dr. Lalit Bhasin, Chairman, CII National Committee on Legal Services, and President, Society of Indian Law Firms, who underscored the urgent need to reform dispute resolution systems in India. He highlighted challenges such as judicial delays, rising pendency of cases, and the limitations of arbitration, while advocating for a stronger push towards mediation and institutional capacity building.
Dr. Bhasin further stressed that fostering a culture of dialogue and settlement, particularly within public sector organizations, is essential. He also called for leveraging technology, including AI, as a supportive tool to enhance efficiency, while cautioning against over-reliance on it at the cost of human judgment.
The conference provided a critical platform for policymakers, legal experts, and public sector leaders to deliberate on strengthening mediation frameworks and leveraging technology to enable faster, more efficient dispute resolution, thereby enhancing ease of doing business in India.
The forum featured addresses by several eminent speakers from the government and legal ecosystem, including Mr Avnit Singh Arora, Director ADR, Department of Legal Affairs, Ministry of Law, Government of India, Mr Ganesh Chandru, Partner, Dua Associates, Mr Navin Kumar Singh, Chief Executive Officer, India International Arbitration Centre (IIAC), Mr A J Jawad, Registrar, International Arbitration & Mediation Centre, Mr Ajit Kumar Mishra, Director, IRCON, and Mr Jonathan Rodrigues, International Mediation Professional, Founder, The PACT.