Experts debate who bears responsibility for building trust in mediation
The Commercial Mediation Conclave 2026, held on 18 September at the India International Centre in New Delhi, brought together mediators, legal experts, and government officials to examine trust in mediation. A fireside chat titled "Trust in Mediation – Who is Responsible?" featured Ms. Anuradha Mukherjee (Partner, Cyril Amarchand Mangaldas), Dr. Aman Hingorani (Senior Advocate, Supreme Court), Mr. Ajit Kumar Mishra (Director, IRCON International Ltd), and moderator Jonathan Rodrigues (Mediator, The PACT).
The panel discussed whether trust deficits exist within mediators themselves, the mediation process, institutions, or settlement agreements. Ms. Mukherjee argued that all these elements ultimately centre on trust in the process itself—encompassing the mediator's commitment, confidentiality, and fairness. Unlike litigation or arbitration, parties entering mediation lack prior experience with the process and depend on it to demonstrate legitimacy and impartiality.
