AI can assist mediation but can never replace a human mediator: CJI Surya Kant at London

Chief Justice of India Surya Kant addressed the role of artificial intelligence in mediation during a discussion titled *Technology and the Future of Mediation* at the Indian High Commission in London. He acknowledged AI’s potential to enhance mediation by streamlining data analysis, identifying key issues, and facilitating virtual platforms, thereby improving efficiency and reducing costs. However, Kant emphasized that AI cannot replace human mediators, as mediation relies on judgment, empathy, and an understanding of human behavior. The Chief Justice cautioned against using AI to predict mediation outcomes, stating that such predictions would undermine the process by attempting to quantify human behavior. While AI could assist in assessing legal positions or litigation outcomes, he argued that mediation requires a balance of 'mind' and 'heart,' which technology cannot replicate. Kant also raised concerns about data privacy, noting that sensitive litigant information must be handled carefully within the justice system. The Supreme Court has recently published draft regulations to govern AI use across the judicial system, reflecting ongoing efforts to integrate technology responsibly. The event took place amid growing India-UK economic ties, with Indian High Commissioner Kumaran Periasamy highlighting the need for efficient dispute-resolution mechanisms to support trade and investment. He echoed Kant’s views, stressing that while technology can enhance accessibility, trust and human judgment remain central to mediation. Kant traced India’s mediation framework development over the past two decades, noting the establishment of mediation centers, judicial training programs, and initiatives like Lok Adalats. The 2023 Mediation Act was a pivotal change, making mediated settlement agreements enforceable like civil court decrees. He also mentioned efforts to expand mediator training, increasing numbers from fewer than 30,000 to widespread awareness, with initiatives like *Mediation for Nation* promoting public understanding. The Chief Justice expressed a preference for mediation over arbitration for commercial disputes, citing its speed, affordability, and ability to preserve business relationships. He underscored that while AI can support mediation, human involvement remains essential to ensure fair, empathetic, and effective dispute resolution.