New Delhi, Sept. 30 -- Mediation cannot truly succeed in India until governments and their institutions stop pursuing litigation merely to exhaust judicial avenues despite having no likelihood of success, Supreme Court judge Justice BV Nagarathna has cautioned. Such an approach, she said, drains the country's resources and judicial time, while stunting the growth of mediation as a credible dispute-resolution mechanism.

Delivering her address at the 2nd National Mediation Conference in Bhubaneswar on Sunday, Justice Nagarathna pointed to a June 3, 2024 office memorandum issued by the Union finance ministry which laid out new guidelines for arbitration and mediation in domestic public procurement contracts. The memorandum acknowledged the ...