While considering a suo motu petition dealing with the issues relating to the inadequacy of infrastructural facilities at various Mediation and Alternative Dispute Resolution Centres, the Kerala High Court has directed the formation of a Mediation Infrastructure Committee to address the issues across the State.

The High Court was considering a suo motu writ petition for necessary directions to be passed to the Government and other authorities concerned to provide the infrastructural requirements of each mediation sub centre, as well as to ensure adequate support staff and regular office stationery.

The Division Bench of Chief Justice Nitin Jamdar and Justice Syam Kumar V.M. ordered, “A 'Mediation Infrastructure Committee' is hereby constituted to address the issues of the infrastructural deficiencies and other in mediation centres across the State of Kerala.”

“The Committee will hold periodical meetings, preferably every two months, to take decision jointly and to monitor the progress of the decisions taken”, it directed.

Factual Background

Kerala State Mediation and Conciliation Centre has 82 Mediation Centres in the State, including ADR centre in the High Court, 14 District Mediation Centres, 2 Additional District Mediation Centres, and 65 Mediation Sub Centres. The primary issues affecting the mediation centres in the State include the lack of a permanent place/venue for conducting mediation, inability to ensure privacy to parties to allow open communication, lack of physical infrastructure and digital infrastructure, inability to conduct online mediation because of lack of internet connectivity or video linkage, lack of adequate permanent staff, and lack of basic necessities like drinking water, toilets and waiting area. In light of such issues, the suo motu petition was initiated on the Report submitted by the Mediation Centre.

On December 1, 2025, a joint meeting of the Registrar General, the Member Secretary, Kerala State Legal Services Authority, the Additional Chief Secretary, Home Department, the Law Secretary, State of Kerala, and the Director, Kerala State Mediation and Conciliation Centre was directed to be convened. A meeting was held on December 22, 2025, with the Law Secretary, Government of Kerala, the Member Secretary, Kerala State Legal Services Authority, the Director, Kerala State Mediation and Conciliation Centre, and the Joint Secretary, Home Department, to review the infrastructural issues faced by various Mediation Centres in the State and to finalise the steps to be taken. A priority list identifying the Mediation Centres requiring immediate intervention was prepared.

Reasoning

The Bench referred to a Report submitted by the Amicus Curiae addressing the infrastructural issues. It showed that basic facilities like fans, separate washrooms for men and women and a water purifier are also missing in many Sub Mediation Centres, which causes severe discomfort and prejudice to the parties seeking Mediation services. It was noted that a few exceptional urban centres like Ettumanoor also suffer from the debilitating situation of zero present stock of computers/laptop, UPS, printer, scanner, copier, Multi Function printer almirah, fan, rack or water purifier and no Internet connectivity and even no chairs and office tables despite having 11 Mediators attached to the Mediation Centre.

The Bench noticed that the lack of internet connectivity is a universal feature in almost all the Mediation Centres, barring a few that include the Kerala Court Mediation Centre, District Mediation Centres at Ernakulam, Kottayam, Pathanamthitta and Thrissur, Sub Mediation Centres at Cherthala, Vaikom and Changanassery. The Report of the Kerala State Mediation and Conciliation Centre also showed that several Mediation Centres, including District Mediation Centres, lack adequate space and essential infrastructure.

“Each Mediation Centre requires a dedicated room equipped with video conferencing facility, including a computer, camera, and sound system. In centres located on upper floors without lifts or ground-floor cubicles, differently-abled persons and senior citizens face difficulty in attending mediation sessions”, it stated. The Bench further emphasised, “The Reports of the Director of the Mediation Centre and the learned Amicus Curiae show that the situation is of serious concern. The importance of having adequate infrastructure for mediation centres cannot be emphasised enough. Both, the legislature and the judiciary have emphasised mediation as an appropriate dispute resolution mechanism to deal with the issue of pendency and for its other benefits.”

Considering that in the joint meeting, the issues had been tabulated and the Priority list is also prepared, the Bench mentioned, “Thus basic foundation has been laid. Now steps need to be taken, and monitored. For that purpose, officers who participated in the meeting on 22 December 2025 formally can be constituted as a committee with inclusion of the representatives from Public Works Department and the Finance Department of the State Government.”

The Bench thus directed the formation of a 'Mediation Infrastructure Committee' to address the issues of the deficiencies in mediation centres across the State of Kerala. “The Director of the Kerala State Mediation and Conciliation Centre will also act as a Co-ordinator of the Mediation Infrastructure Committee”, it ordered.

The Bench also asked the Member Secretary, Kerala State Legal Services Authority and the Director, Kerala State Mediation and Conciliation Centre, to report the developments to the Executive Chairman, Kerala State Legal Services Authority, who is the Patron of the Kerala State Mediation and Conciliation Centre and the President of the Board of Governors, Kerala State Mediation and Conciliation Centre.

Cause Title: Suo Motu Writ Petition (Civil) Initiated by the High Court Regarding Lack of Proper Infrastructure in the Mediation Centres Across the State v. State Of Kerala (Case No.:WP(C) NO. 42844 OF 2025(R)

Appearance

Respondent: State Attorney N. Manoj Kumar, Advocates Shibi K.P., Leo Lukose, Ramola Nayanpally

Amicus Curiae: Advocate Adarsh Kumar

Click here to read/download Order


Kerala High CourtJustice Nitin JamdarJustice Syam Kumar V.M.

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.