Supreme Court Praises Mediation, Hails Justice Kurian Joseph's 'Masterful Mediation' in Landmark Property Dispute

Image Source: Internet

In a significant endorsement of mediation, the Supreme Court has hailed the transformative power of conciliatory dialogue in resolving entrenched disputes. The court has also praised its former judge, Justice Kurian Joseph, for his exceptional 'artistry and refined skill' in mediating a decades-old property dispute between two feuding parties. The bench of Justices Sanjay Karol and N Kotiswar Singh highlighted the effectiveness of mediation in resolving conflicts with fairness, dignity, and mutual respect. They noted that mediation provides a calm and considered environment where tensions are eased, perspectives are broadened, and individuals can craft a resolution that reflects not only legal rights but also fairness, practicality, and mutual respect. Justice Joseph's mediation efforts were particularly commended by the bench, who praised his 'grace and wisdom' and 'gentle guidance and unwavering composure' in transforming discord into dialogue and guiding feuding parties towards resolution. The court's endorsement of mediation comes close on the heels of Chief Justice of India Surya Kant's remarks at the 23rd Hindustan Times Leadership Summit, where he described mediation as a 'powerful game changer' that offers speed, social harmony, and dignity in dispute resolution. The recent launch of the 'Mediation for the Nation' mission aims to take community mediation initiatives to villages, streets, and houses where disputes already exist or are anticipated. The Supreme Court's order echoed this sentiment, underlining the profoundly effective and deeply preferable nature of mediation in resolving disputes long caught in litigation. The case involved appeals arising from petitions challenging a 2024 judgment of the Telangana high court concerning the validity of a 1968 sale deed executed without the consent of a coparcener. The litigation, which has been pending in courts since 1998, showed 'no sight of certainty in the immediate future', prompting the Supreme Court to persuade the parties to attempt mediation before Justice Joseph. The mediator's report and a settlement agreement dated November 22, 2025, were subsequently placed on record, with the respondents agreeing to pay ₹2.5 crore to the appellants in full and final settlement. The court accepted the statements and directed that a decree be drawn in terms of the agreement, while placing on record its 'deepest gratitude' to the former judge. The order emphasized that mediation allows parties to find common ground through minimal court involvement while retaining ownership over the outcome they ultimately arrive at.