The Future of Mediation: A Pathway for Law Students at Jamia Hamdard University - 22.02.2025

 It is perhaps one of the greatest anomalies of human civilization that as societies began to settle and evolve, conflicts and disputes also became an inherent part of human interaction. In the earliest days, such disputes were resolved through physical fights and duels, often dictated by sheer strength rather than justice. However, with the signing of the Magna Carta in 1215, the foundations of parliamentary governance and an independent judiciary were laid, gradually replacing brute force with legal institutions. This transformation was further solidified after American independence in 1776, where the principles of governance, justice, and rule of law were strongly propounded by The Federalist Papers, authored by John Jay, James Madison, and Alexander Hamilton. These seminal works championed the establishment of an impartial judiciary and the importance of structured dispute resolution, paving the way for modern legal systems.

As legal institutions developed, the Seven Lamps of Advocacy, the cross-examination of witnesses, judgment based on legal principles and contractual obligations, and the doctrines of statutory interpretation emerged as the beacons of litigation. The legal profession evolved into a structured industry, where the primary objective became winning cases for clients through all available legal means and strategies. This adversarial system, built on the premise of advocacy and courtroom battles, defined the litigator's role as a fierce representative of their client’s interests, often prioritizing legal victories over collaborative resolution.

However, as societies progressed and conflicts grew more complex, litigation escalated at an unprecedented rate, clogging the courts due to its structured, technical approach and rigid formalities. The legal process became increasingly intricate and procedural, often alienating the very individuals it was meant to serve. Clients frequently found themselves caught in a labyrinth of legal technicalities, procedural delays, and exorbitant costs, unable to comprehend how their case spiralled out of control. Many litigants, having invested their entire lives, energy, and earnings into seeking justice, were left devastated when an unfavourable verdict—often dictated by legal nuances rather than substantive justice—brought their pursuit to an abrupt and incomprehensible end.

As the inefficiencies and limitations of traditional litigation became more evident, the need for a more harmonious, accessible, and human-centric approach to dispute resolution became increasingly apparent. This led to the emergence of Alternative Dispute Resolution (ADR)—a more flexible, cost-effective, and relationship-preserving means of settling disputes. Mediation, arbitration, and conciliation began to gain prominence as effective alternatives, offering timely, efficient, and less confrontational pathways to justice.

As humanity has evolved through different stages of consciousness and social development, the legal landscape has undergone significant transformations. Arbitration, once considered a faster and more efficient alternative to court litigation, gradually became adversarial, expensive, and time-consuming—mirroring the very judicial system it sought to complement. As a result, there was a natural shift toward mediation, a process rooted in collaboration, mutual understanding, and constructive dialogue.

The COVID-19 pandemic acted as a catalyst, triggering a profound shift—not just in legal practices but in human awareness itself. It awakened a global realization of the value of emotional and mental well-being, family bonds, environmental concerns, empathy, and meaningful communication. As people grappled with uncertainty, loss, and isolation, there was a collective recognition that human relationships and well-being must take precedence over prolonged adversarial disputes.

This transformation has significantly reshaped how individuals, businesses, and communities perceive and approach conflicts, disputes, litigation, and their resolution or adjudication. The emphasis has shifted from winning cases to preserving relationships, from rigid legal battles to flexible, solution-oriented discourse. Mediation, as a non-confrontational process that empowers disputing parties to co-create solutions, has emerged as the cornerstone of this new legal consciousness, reflecting a broader societal evolution toward peace, harmony, and sustainable conflict resolution.

No longer is the legal field just about winning or losing battles in court. The traditional financial rat race, marked by exploitation, control, and rigid dialectics, is giving way to a more collaborative, empathetic, and solution-oriented legal landscape. Across society—from corporate boardrooms to local communities—there is growing discourse on the high costs of litigation, the breakdown of relationships due to prolonged legal battles, and the inefficiencies of traditional legal mechanisms, particularly delays caused by backlogged cases.

This collective awakening has ignited an urgent need for a more effective, accessible, and human-centric approach to dispute resolution—and mediation has emerged as the most promising answer. At its core, every individual aspires to live a conflict-free life. Societies thrive when peace and harmony prevail, and businesses function best when trade and industry operate seamlessly without unnecessary disputes. This is the foundation of a meaningful and civilized society—a society where people engage not in battles of dominance but in dialogues of understanding. That also marks the distinction between developed, developing and underdeveloped countries.

It is imperative to recognize the fundamental distinctions between adjudication and resolution, litigation and mediation, litigators and mediators, and, more profoundly, between those who operate through control and competition versus those who seek peace and harmony. Litigation and mediation are not merely alternatives, but complementary forces that serve different purposes. 

Litigation operates within a rigid black-and-white framework, where one party wins and the other loses. It is built on statutes, principles of legal precedents, argumentation, and competition, where the goal is to prove one's case rather than seek mutual understanding. It often delivers definitive legal outcomes, but these may not always address the emotional, financial, or relational complexities of a dispute.

Mediation, on the other hand, embraces a spectrum of possibilities. It recognizes that conflicts are rarely binary and contain a million shades of nuance. It is rooted in dialogue, empathy, and collaboration, allowing parties to co-create solutions rather than imposing rigid legal outcomes. Mediation preserves relationships, ensures confidentiality, and provides creative solutions beyond the conventional legal framework. The result is not just resolution, but transformation, where both parties leave the process empowered rather than defeated.

The world is shifting from an adversarial mindset, where control and exploitation have historically shaped legal and economic systems, toward a collaborative mindset, where fairness, sustainability, and emotional intelligence guide decision-making. Litigators and mediators embody two distinct attitudes, aptitudes, approaches, visions, and missions—one seeks legal finality, while the other seeks practical reconciliation; one thrives on conflict, while the other thrives on opportunity; one delivers judgment, while the other facilitates understanding. Neither is superior; both serve different needs. Litigation remains necessary for strict enforcement of laws, but mediation offers a more flexible, humane, and sustainable path to dispute resolution.

As law students and future legal professionals, you stand at the frontier of this transformation. The choice before you is not just between litigation and mediation, but between two fundamental philosophies of life, law and justice. Do you wish to be warriors of rigid enforcement or architects of lasting peace? Do you see justice as a battle or a bridge? Will you argue for victory or mediate for harmony?

The future of law is evolving. Those who recognize the power of mediation, the importance of dialogue, and the value of human-centric conflict resolution will not only shape the future of legal practice but redefine the very essence of justice itself. The world needs lawyers who understand that justice is not merely about punishment and judgments, but about restoring balance. Those who embrace this vision will lead the world into a new era—one where the law empowers, heals, and unites.

Mediation is not just an alternative to litigation; it represents a fundamental shift in how conflicts are resolved, prioritizing communication, relationship preservation, and long-term harmony over mere legal victories. The Indian legal system has recognized this transformation. The Mediation Act, 2023, coupled with Supreme Court initiatives, has given mediation statutory recognition. Courts now encourage pre-litigation mediation, making it an integral part of dispute resolution, especially in commercial and family matters.

Internationally, countries like Australia, Singapore, United States, and United Kingdom have fully embraced mediation as a preferred dispute resolution method. India is now aligning itself with this global trend, creating immense opportunities for law students and young legal professionals. As law students, this is your chance to be at the forefront of change. The demand for skilled mediators and mediation advocates is growing, and there are multiple pathways to enter this field.

To excel as a mediator, you must evolve as a different kind of legal professional and human being—one with an inclusive perspective and an unshakable confidence in the power of resolution. Some essential skills include:

Active Listening and Communication – Understanding what is said and what remains unspoken.

Objective Analysis and Problem-Solving – Seeking win-win solutions beyond rigid legal structures.

Emotional Intelligence (EQ) – Navigating disputes with empathy and the ability to diffuse tension, hostilities and opposition.

Legal Knowledge and Ethics – Ensuring structured, fair, and just outcomes within the mediation process.

Dear students, the legal profession is not just about laws; it is about serving justice, resolving conflicts, and contributing to societal harmony. As the world moves toward a more collaborative and conscious way of resolving disputes, you have the chance to lead this transformation. Embrace mediation, sharpen your skills, and position yourself as a pioneer in this new era of dispute resolution.

The future is not just about fighting cases and living in a society infested with conflicts, disputes, arguments, litigation, battles, and wars—it is about creating solutions. The constitutional goal is not to establish a casteless or classless society but to foster a conflict-free society. The future belongs to those who embrace change and drive innovation in the legal system. I wish you all success in your journey as the future peace mediators and mediation advocates.

Shri Krishan and the Art of Advocacy

As the great war of Mahaabhaarat approached, Arjuna, a distinguished archer and seasoned warrior, renowned for his profound intelligence, emotional maturity and deep knowledge in various arts, was suddenly overtaken by a vision of the war's grim aftermath. This vision, which forecasted the demise of nearly 4.5 million valiant, heroic beings, plunging their families into despair and societal chaos, deeply troubled Arjuna. He saw the war not as a path to victory but as a catalyst for irreversible social disruption, leading him into a state of deep moral and emotional conflict.

This internal struggle can be likened to a judge, well-versed in law and social intricacies, who faces a dilemma in rendering a judgment. Here, the art of advocacy becomes pivotal. An advocate, through his understanding and foresight, must guide the judge to see the broader implications of their decisions and deliver a verdict that serves justice.

As Arjun shared his doubts with Shri Krishan, a generative dialogue ensued. Arjuna, intent on avoiding war, posed questions and raised concerns which has resulted in futuristic trauma. In response, Shri Krishan expounded on the nature of existence, the eternal truth, the cosmos, and the diverse paths towards self-realization. This dialogue mirrored an advocate presenting a case with comprehensive insight.

In Chapter 16 (shaloks 16.01–16.05), Shri Krishan describes the twenty-eight divine attributes, contrasting them with sixty-four characteristics of asuric, toxic and narcissistic nature (shaloks 16.04–16.20). These qualities, eternal in their existence, manifest in various combinations within every human, underscoring the importance of awareness of such beings around us and deal with them appropriately.

In Chapter 10 (shaloks 10.20–39) Shri Krishan details seventy-six attributes of the supreme being, illustrating the grandeur of the cosmos. This exposition is akin to understanding the jurisprudence of the universe. In Chapters 14, 17, and 18, Shri Krishan elaborates on the three gunn – sattva, rajas, and tamas – and their manifestation in various life aspects. He discusses shradha, worship, austerity, food, yagye, speech, charity, knowledge, action, the doer, intellect, firmness, and happiness. This comprehensive overview offers deep insights into these fundamental concepts and basic structure.

Shri Krishan expounds all possible paths chapter after chapters. Chapter 2 - Saankhye Yog, the path of Self Knowledge; Chapter 3 – Karm Yog, the path of action; Chapter 4 – Gyaan Karm Sanyaas Yog, the path of knowledge, action and renunciation; Chapter 5 – Karm Sanyaas Yog - the path of action and renunciation; Chapter 6 – Aatm Sanyam Yog, the path of Self-Restrain; Chapter 7 – Gyaan Vigyaan Yog , the path of Knowledge and Science; Chapter 8 – Akshar Brahm Yog - The path of Imperishable; Chapter 9 – Raaj-Vidya Raaj - Guhye Yog - the path of wisdom and mysticism; Chapter 12 – Bhakti Yog - the path of devotion and surrender; Chapter 18 – Moksh Sanyaas Yog - the path of renunciation and emancipation. All these words of wisdom are to help us to find what is true for us.

In Chapter 11, Vishwarup Darshan helps Arjun experiencing the universal form of the cosmos. Sanaatan knowledge and wisdom is not merely rhetoric, logicalizing or dialectics where the entire effort is to win and establish intellectual superiority but is all about transmission of and having cosmic experience, it’s like having a clear vision of the facts, jurisprudence, law and the social impact in the larger sense. This experience transcends mere intellectual debate, emphasizing a holistic understanding and experience of cosmic truths.

Ultimately, Shri Krishan's guidance empowers Arjun to fulfil his duty as a warrior with the active renunciation of a Drishta (observer) rather than a Karta (doer). This reflects the role of an advocate in legal proceedings, guiding a judge towards a well-considered judgment.

The Complex Dynamics of Religious Conversion or Why Conversion?

         India's modern history begins from the end of Mahabharat and nirvaan of Shri Krishan, more than 5000 years back. India successfully resisted Alexender march into its heartland and attained golden age, during the Gupta Period, spanning from 400 to 660 AD, marking a time of cultural and scientific prosperity. However, the following 1300 years, from 660 to 1947, were marred by foreign invasions and exploitation. This era witnessed the destruction of temples and concerted efforts to erode India's cultural and heritage properties. Despite these challenges, India's deep-rooted spiritual strength, which transcends physicality, ensured its survival. This resilience is reflected in the Indian Constitution, which embodies democratic principles, as evident in the preamble and key articles (14, 19, and 21), along with the Directive Principles of State Policy and Fundamental Duties.

        Globally, the religious population is divided among various beliefs, with Christianity and Islam being the two largest.

Sl.	Religion	Percent	Population
1	Christianity	31%	2,511,000,000
2	Islam	24.90%	2,016,900,000
3	Unaffiliated	15.60%	1,263,600,000
4	Hinduism + Sikhism	15.50%	1,255,500,000
5	Buddhism	6.60%	534,600,000
6	Folk Religions	5.60%	453,600,000
7	Others	0.80%	64,800,000
	Total	100%	8,100,000,000

 Forceful conversion has been a significant and controversial issue associated with Christianity and Islam since their inception. Christianity, rooted in the teachings of Jesus from the mid-first century, and Islam, established in 622 after Muhammad's migration to Medina, both encompass historical narratives that intertwine with the concept of conversion. Notably, certain factions within these religions, particularly some missionary Christians and followers of Sunni Islam, have historically pursued conversion efforts based on interpretations or misunderstandings of their respective philosophies. These interpretations, often espoused by a minority within these religious groups, tend to inflame passions among their followers. This fervor has sometimes led to conflicts, both within these religious communities and with those outside them.

Such actions often stem from a few individuals or groups within these religions who interpret religious texts and teachings in ways that justify or encourage forceful conversion. This (mis)interpretation of religious doctrine has contributed to a history of inter-religious strife and tension, impacting social and cultural dynamics globally. The fundamental goal for both Christianity and Islam appears to be achieving a majority population status. However, this is a complex and potentially unattainable goal, considering the diverse global religious landscape, where approximately 45% of the population adheres to other faiths or beliefs. The philosophical differences in the concepts of salvation or spiritual liberation among various religions are notable. For instance, in Hinduism, the concept of 'moksha' (liberation) and 'nirvana' in Buddhism emphasizes individual karma and spiritual growth, contrasting with the Christian belief in salvation during the Day of Judgment and Islamic views on 'Qayamat' (Day of Resurrection), both of which will arrive when they are in majority.

Efforts to convert populations have profound impacts:

❤ Alteration of the subcontinent's civilizational character.

❤ Exploitation of ethnic diversity and undermining of the notion of a unified cultural identity.

❤ Promotion of the belief that local cultures are products of invasions or migrations.

❤ Creation of societal conflicts and divisiveness on religious, caste, and economic grounds

❤ Denigration of intellectuals and nationalists.

❤ Economic and cultural impoverishment through various means, including armed conflicts and                terrorism.

❤ Deployment of inducements like free medical services and education for conversions.

❤ Encouragement of drug use and other forms of entertainment as tools for conversion.

❤ Humiliation and degradation of ancient ethnic cultures and spiritual values.

The practice of converting individuals through allurements, threats, or intimidation contradicts the principles of democracy, which is a fundamental aspect of the Indian Constitution. Such practices also violate the spirit and letter of Articles 14, 19, and 21 of the Constitution.

Shri Ram and Art of Advocacy

Shri Ram chose Angad, son of Raja Bali, to be his emissary to Raavan, highlighting the futility of a looming war that threatened the lives of about 50 million warriors. This decision initially faced opposition from Laxman and Sugreev, particularly because Shri Ram had recently slain Raja Bali. However, Shri Ram convinced them by detailing Angad's exceptional qualities as an ambassador which are must for every good advocate.

Presentation: Angad’s demeanor, attire, posture, and body language struck the perfect balance between humility and confidence. His approach was that of a seeker – engaged but not passive, straightforward but not arrogant, and casual yet alert.

Delivery: Angad’s speech delivery was meticulously balanced. His speech pace enabled clear understanding, and the pitch of his voice was pleasing and well-modulated. He articulated each word impeccably, ensuring clarity and ease of comprehension.

Emphasis and Pausing: His mastery in emphasizing key words and strategically pausing during speeches allowed the audience to absorb and reflect on his words. This skill demonstrated his self-confidence and understanding of the audience’s perception.

Body Movements: Unlike many speakers who use excessive gestures, Angad maintained a composed demeanor. He engaged directly with his audience, establishing eye contact and keeping their attention focused on the content of his speech.

Knowledge and Humility: Renowned for his intelligence, Angad was well-versed in the Vedas, Puranas, and Upanishads, and deeply understood the political and social contexts of his times. Despite his profound knowledge, he displayed remarkable humility, speaking only what was relevant to the matter at hand.

Client Representation: In representing his patron, Angad consistently protected his interests, maintaining integrity and dignity without allowing personal biases to influence his advocacy.

Concluding Effectively: Understanding the art of communication, Angad knew precisely when to conclude his submission and when to sit down, ensuring his message was delivered and comprehended effectively.

In my nearly 48 years at the Supreme Court, I have observed, interacted and briefed the top senior advocates, each possessing unique talents and contributing significantly to the field of law.

Mr. C.K. Daphtary, the second Attorney General of India, was distinguished for his wit and presence, even as age slowed him down.

Mr. Lal Narain Sinha, the fifth Attorney General, showcased exceptional precision and humility in the Rangnath Reddy Case. His arguments were so captivating that judges paid extra attention, ensuring they didn’t miss a word.

Mr. Nani Palkiwala in the Minerva Mills Case, representing the State of Rajasthan, had a unique talent for simplifying complex legal matters with relatable examples and had a commanding grasp of facts and figures.

Mr. Ashok K. Sen, the longest-serving Law Minister, had a phenomenal memory, recalling intricate details of briefs and cases years later. His knowledge spanned across statutes and judgments, and his personal library was a testament to his dedication to law.

Mr. F.S. Nariman's ability to distil complicated issues to their core principles was remarkable, as was Mr. Soli Sorabjee's court craft, which I witnessed in many cases.

Justice S.C. Agarwal, my first senior and a retired judge of the Supreme Court of India, was known as the walking encyclopedia of Supreme Court Judgments. His memory for citations was extraordinary.

Mr. R.K. Garg, emphasized the Supreme Court's role in societal change, advocating for National Socialism as a constitutional goal. His perseverance in constitutional jurisprudence was unparalleled.

Mr. P.R. Mridul, an expert in the English language and oratory, had an unmatched command of the language. He diligently practiced new words and applied them effectively in his arguments, reminding us that law is not merely about knowledge but its application to specific facts.

Advocacy is the manifestation of spiritual energy rooted in truth and justice. This energy is essential for the development of a conflict-free society living in harmony, dedicated to a higher cause.

Finance Revolution 4.0 - Cryptocurrency Reaching the Unreached

 Introduction: The evolution of human societies has always been accompanied by the evolution of our economic. From the earliest days of civilization, the need to exchange goods and services led to the development of various systems for trade. These systems have come a long way, transforming from rudimentary practices of barter to sophisticated financial networks. Each significant change in these systems can be viewed as a revolution in finance, paralleling the evolution of human society itself as a whole.

The Early Stages of Economic Exchange: Finance Revolution 1.0 occurred with the establishment of agricultural societies. Here, the barter system was introduced, allowing for the direct exchange of goods and services without the need for a standardized medium of exchange. This system, though effective in small communities, had its limitations, especially in larger, more complex societies.

Industrialization and the Emergence of Standardized Currency: With the onset of industrialization, there was a need for a more efficient and scalable system of trade. This led to the introduction of silver coins – a standardized, tangible medium of exchange. This shift marked a significant evolution in the world of finance, streamlining trade and commerce and paving the way for more complex economic interactions and marked Finance Revolution 2.0

The Rise of Fiat Currency and Centralized Financial Systems: The next major shift came with the emergence of fiat currency, initially backed by gold. This was a move away from commodity-backed currencies to a trust-based system where the value of money was determined by government regulation and law. This era saw the rise of centralized financial institutions like the Federal Reserve and the Bank of England, which became pivotal in regulating and stabilizing the global economy and led to Finance Revolution 3.0.

Cryptocurrency: The Dawn of a New Financial Era: Post 2008, we have witnessed the beginning of what can be termed as Finance Revolution 4.0, marked by the emergence of cryptocurrencies like Bitcoin, Ethereum and Alt Coins. Unlike traditional currencies, cryptocurrencies operate on a decentralized system, free from the control of any central authority. This revolutionary technology offers a new form of wealth that is less susceptible to traditional economic vulnerabilities, and it fundamentally shifts the concept of trust in financial transactions moving on blockchain, open ledger and payments built in smart contracts.

The Impact of Cryptocurrency on Global Financial Systems: Cryptocurrencies represent a paradigm shift in the financial sector. They offer a decentralized, global form of exchange, enabling transactions that transcend geographical boundaries. This new form of digital asset aligns perfectly with the principles of the Fourth Industrial Revolution, which emphasizes interconnectivity and intelligent technological solutions.

Financial Inclusion in the Digital Age: One of the most striking aspects of cryptocurrencies is their potential for financial inclusion. With widespread access to mobile technology, cryptocurrencies provide an inclusive alternative to traditional banking systems. They are especially beneficial to populations in remote or impoverished areas, who have historically been excluded from formal financial services.

Harnessing Mobile Technology for Economic Empowerment: The ubiquity of mobile technology provides a unique platform for the proliferation of cryptocurrencies. Unlike traditional banking systems, which often require extensive infrastructure, cryptocurrencies can be accessed and managed through simple smartphone applications. This accessibility has the potential to democratize financial services on a global scale.

Representing and Mobilizing 'Invisible' Wealth: The world is replete with untapped pro bono work that significantly contributes to community welfare but remains unrecognized in traditional GDP metrics. Cryptocurrencies and blockchain technology offer an innovative way to represent this 'invisible' wealth, quantifying and rewarding contributions that have long been overlooked in economic assessments.

World will be richer by 2.1.quadrillion Satoshis - Satoshi Nakamoto's introduction of Bitcoin revolutionized the concept of currency, not by creating 21 million Bitcoins, but rather 2.1 quadrillion Satoshi – the smallest unit of Bitcoin. This profound innovation extends far beyond a simple numerical figure; it represents a new paradigm of wealth generation, one that is slated to continue until the year 2140. Unlike traditional wealth, which is often marred by histories of looting, plundering, or exploitation, the wealth generated by Bitcoin is underpinned by a 'proof of work' system. This system ensures that the creation of new Bitcoins (or Satoshis) is the result of computational effort and energy. The creation of Satoshi's and the evolution of Bitcoin is not just a technological or financial milestone, but a step towards a more sustainable and equitable global economy. It is a clear example of how the Fourth Industrial Revolution can harmonize the creation of wealth with the urgent need for sustainable development, challenging traditional notions of value and resource utilization

In consonance with UN SGDs - This approach to wealth creation resonates deeply with the ethos of the United Nations' Sustainable Development Goals (SDGs). The SDGs aim to address global challenges, including those related to the environment, economic inequality, peace, and justice. Bitcoin, in its essence, contributes to several of these goals. The 'proof of work' model embodies a form of digital 'mining' that, unlike traditional mining, does not deplete physical resources. Moreover, the decentralized nature of Bitcoin reduces inequalities by providing access to a global financial system, irrespective of users' geographical location or socio-economic status. The ongoing advancements in blockchain technology are leading to more energy-efficient protocols, aligning with the SDGs' focus on sustainable energy and climate action. This 'green wealth' generated by Bitcoin and other cryptocurrencies is not just about financial value; it's about creating a more equitable and sustainable world. By leveraging technology, cryptocurrencies offer a pathway to a financial system that aligns with broader global objectives of sustainability and equality.

The Regulatory Challenge: Balancing Innovation and Stability: The rise of decentralized technologies like cryptocurrencies poses a unique challenge to governments and regulatory bodies. These entities, which represent centralized authority, are now tasked with regulating a system designed to operate beyond traditional controls. This situation reflects a fundamental tension between established financial systems and emerging technologies, requiring a careful balancing act.

Conclusion: The emergence of virtual assets and cryptocurrencies marks the beginning of a new era in finance. As part of Finance Revolution 4.0, these technologies are not just reshaping the financial landscape but are also playing a crucial role in the broader societal transformation towards a more inclusive, sustainable, and interconnected world. As we continue to navigate the Fourth Industrial Revolution and Globalization 4.0, cryptocurrencies stand at the forefront of this change, representing a new 'Fourth Dimension' in finance and beyond.

Shrimat Bhagwad Geeta - Confluence of Sanaatan Knowledge and Wisdom

We exist in a powerfully webbed and networked structure, where people with divine energy continue to work with integrity, faith and trust and making efforts to live in peace and harmony without exploitation and without suppression of will of fellow beings. However, people with asur or dis-harmonized energy continue to act without integrity, faith and trust as they continue to exploit others, supress their will and perpetrate corruption. In Chapter 16, shalok 16.01 – 16.05, Shri Krishan expounds 28 (twenty-eight) attributes of people with divine energy and in shalok 16.04 – 16.20 explicates 64 (sixty-four) characteristics of asur, disharmonized, toxins, narcissists, vampire, zombies and the like beings. These traits are sanaatan in nature, they exit forever in different combination in all human beings around us and every one of us must know about them early in life, sooner the better.
        Every individual is in a constant struggle to achieve total harmony and perpetual happiness. In the process every person continues to make serious and sincere efforts to resolve the conflicts within one’s own self and those existing in the world around. In this process of resolving conflicts, every person at every moment needs necessary information, understanding, knowledge and wisdom to guide him to deal with the same. Every moment the divine and the asur energies within and outside seems to continue to come into conflict as we are struck by futuristic trauma as happened with Arjun, just before the beginning of the great war of Mahaabhaarat. Arjun, a kshatriye, one of the finest archers of his times, a great warrior, with vast experiences of combats, fights, war, knowledgeable in various arts, with potentiality for clear and objective intellectual analysis, but also emotional was overwhelmed by futuristic trauma (shalok 1.28-1.46, 2.4-2.8).
        As soon as Arjun realized the post-war scenario, in which almost all 4.5 million heroic and fearless human beings were to be wiped off the face of earth, leaving behind old parents, widows and children, leading to varn admixture and pitr dosh, he was seized by feeble mindedness, confusion and grief resulting in deep distressing state, affecting his entire persona. As he watched both the armies locked in fierce battle, he felt that the war will not serve any purpose and will lead not to victory but to death of millions and that was unacceptable to him as a king. He strongly felt that every benefit of war will be lost after the war with extermination of all kith, kin and fellow beings and he was struck by total emotional breakdown.
        Arjun narrated his harrowing emotional feelings and condition to Shri Krishan who as his true and closest friend had agreed to be Arjun’s charioteer. Shri Krishan begins his address with a powerful statement to shake Arjun and connect him to fundaments of existence in Chapter 2 shalok 11 to 30:
        "You grieve for those who should not be grieved for, yet you speak like wise. The wise grieve neither for the living nor for the dead¹¹. Neither I, nor you, nor any of these ruling princes were ever non-existent before nor is it that we shall not cease to be in the future¹². The indweller in the body experiences childhood, youth and old age of the body and also passes on to another body, the serene one is not affected thereby¹³. The contacts of the senses with their objects create son of Kunti, feelings of heat and cold, of pain and pleasure. They come and go and are impermanent, bear them patiently, Bhaarat¹⁴.  That man, the best of men, is fitted for immortality, whom these do not torment, who is balanced in pain and pleasure and is steadfast¹⁵. The unreal has no existence, the real never ceases to be. The truth about both has been realized by seers¹⁶. Know that to be certainly indestructible by which all this is pervaded. None can affect the destruction of the immutable¹⁷. These bodies of the Indweller, who is eternal, indestructible, and immeasurable are said to have an end. Fight, therefore, Bhaarat¹⁸.  He who holds aatma as killer and he who considers it as killed, both are ignorant. It kills not, nor is it killed¹⁹. The aatma is neither born nor does it die. Coming into being and ceasing to be, do not take place in It. It is unborn, eternal, constant and ancient. It is not destroyed when the body is slain²⁰. He who realizes the aatma as indestructible, eternal, unborn and changeless, how can he kill, Paarth, or cause another to kill?²¹ As a man casting off worn out garments puts on new ones, so the embodied, casting off worn out bodies, enters into others²². Weapons do not cleave the Aatma, agni burns it not, water wets it not and wind dries it not²³. This Self is un-cleavable, incombustible and neither wetted nor dried. It is eternal, all pervading, stable immovable and everlasting²⁴. This aatma is said to be un-manifested, unthinkable and immutable, therefore, knowing it as such, you should not grieve²⁵ or if you conceive of aatma as given to constant births and deaths, even then, mighty armed, you should not feel sorrow²⁶. Death is certain for that which is born, birth is certain for that which is dead. You should not, therefore, grieve over the inevitable²⁷. Beings are all, Bhaarat, un-manifested in their origin, manifested in their mid-state and un-manifested again in their end. What is the point then for anguish?²⁸ One beholds the Self as wonderful, another mentions it as marvellous, another again hears of it as strange, though hearing yet another knows it not at all.²⁹ This Indweller in the bodies of all is ever indestructible. Bhaarat, therefore, you should not grieve for any being.^30”
        As they enter into conversation, Arjun continues to ask questions, raise issues and even challenge the authority of Shri Krishan, with the sole purpose of refraining to enter into war and that led to unfolding of sanaatan knowledge and wisdom which was spread in ved, vedaant, upanishads and in sanaatan culture, which has continued to move down the ages as smriti and shruti. What unfolds is various nature of beings, their attitudes, eternal nature of the absolute truth, attributes of cosmos, various paths that are followed by homo sapiens, for their spiritual growth and self-realization.
    Shri Krishan with his multi-dimensional existence apprises Arjun as Shri Krishan (human), consciousness (aatma), total consciousness (param-aatma) and beyond consciousness (cosmos). Shri Krishan acts as a peace mediator resolving all existing conflicts between Arjun, who was trained all his life to fight wars on one side and emotionally blocked Arjun who was restraining to fight war, on the other side. Shri Krishan addresses the deep internal conflict within Arjun’s mind which arose in view of the futuristic trauma or social sufferings that may arise in future and will affect generations to come. Shri Krishan, who was well aware of the coming changes, continued to answer all queries of Arjun with a smile, showing him the larger picture, the cyclical transitory time, spiritual dimension of all beings and existence of a single cosmic energy beyond and as the basis of all that exists in this universe and all that is sanaatan wisdom. The interactive session finally helped Arjun to resolve his conflicts and perform his duties with perfection and without delusion.
       The brilliance of generative dialogue between Shri Krishan and Arjun is that Shri Krishan continues to expound the sanaatan knowledge and wisdom without telling Arjun what needs to be done. Sanaatan knowledge and wisdom helps Arjun to take decision on his own and the that the brilliance of it all
Shalok 8.17 refers to the beginning of the time or the awakening of Braham for one day after one Brahm night = One kalp = 14 Manvanta + 1 Sat yug = 1000 yug  = 4,320 000 00 years, expounds the calculation of time or kaal gadna also existence of cyclic time as contradistinguished from Abraham religions which are based on lateral time.
    Chapter 13 deals with kshetr and kshetragye, the body and the embodied or the Prakriti and the Purush. This is the most important and the least understood basis of sanaatan philosophy. Purush is aatma, ishwar, jeev, praan, self, conscience, consciousness, cosmic reality, cosmic energy, life element, living spark, soul, spirit, absolute truth, will, embodied, in-dweller or any other name connoting the life element in being with some attributes as referred in Chapter 2. Prakriti is everything other than the Purush, including the five basic element – earth, water, fire, air and space, five gyaanendriyaan or sense organs – eyes, ears, nose, tongue and skin, which perceives the objects of senses, five karamendriyan – mouth for speech, hands for action, feet for moment, genital organs for reproduction and anus for excretion, by which we undertake action. Everything that exists in the world around is also a combination of Purush and Prakriti. Shalok 13.5 and 13.6 expounds the same as follows:
       “The great elements, egoism, intellect, as also the un-manifested, the ten senses and the one mind and the five objects of the senses⁵, desire, hatred, pleasure, pain, the aggregate intelligence, firmness, the kshetr has been thus briefly described with its modifications⁶.”

13.7 to 13.11 explicates knowledge and ignorance as follows:

“Humility, modesty, non-injury, forbearance, uprightness, service of the teacher, purity, steadfastness, Self-control⁷, tranquillity towards the objects of the senses and also absence of egoism, perception of evil in birth, death, old age, sickness and pain⁸, non-attachment, non-identification of Self with son, wife, home and the like and constant equanimity in the occurrence of the desirable and the undesirable⁹, unswerving devotion to Me in yog of non-separation, resort to sequestered places, distaste for the society of men¹⁰, constancy in Self-knowledge, perception of truth as the end of the knowledge, this is declared to be knowledge and what is opposed to it is ignorance¹¹.”
        Shalok 13.12 – 13.18 describes Purushottam or total cosmic energy -
    “…Beginningless is the supreme Brahm. It is not said to be ‘sat’ or ‘asat’¹². With hands and feet everywhere, with eyes and mouths everywhere, with ears everywhere, He exists enveloping all1³. Shining by the functions of all the senses, yet without the senses. Absolute, yet sustaining all, devoid of gunn, yet He experiences them¹⁴. Outside and within all beings, the unmoving and also the moving, because of this subtlety, He is incomprehensible, He is far and near¹⁵. He is undivided and yet He seems to be divided in beings. He is to be known as the supporter of beings. He devours and He generates¹⁶. The light of all lights, He is said to be beyond darkness, knowledge, the knowable, the goal of knowledge, seated in the hearts of all¹⁷. Thus the kshetr, knowledge and that which must be known has been briefly described…¹⁸
      In Chapter 10 – shalok 10.20 – 39, Shri Krishan narrates 76 (seventy six) attributes of Parameshwar or Purushottam dealing with the manifestation. Some of them are Sun amongst luminaries – shalok 10.21, Moon amongst planets - shalok 10.21, Mind amongst senses – shalok 10.22, Ocean amongst water bodies – shalok 10.24, Om amongst sound – shalok 10.25, Jaanvi (Ganges) amongst rivers All these gives the widest spread of knowledge about the cosmic expression in the world and things around us in its most outstanding and brilliant form.
     In chapter 14, shalok 14.06 – 14.16 Shri Krishan deals with the attributes of the three gunn – saattvik, raajsik and taamsik and in chapter 17 and 18 deals with the spread of three gunn in different events of beings.  He narrates the nature of Sattva – shalok 14.06, 14.09 – 14.11, 14.14, 14.16 -14.17, Rajas – shalok 14.07, 14.09, 14.10, 14.12, 14.15-16 and Tamas -shalok 14.10, 14.13, 14.15-16. He describes three kinds of shradha - shalok 17.02 – 17.03, worship – shalok 17.04, austerity – shalok 17.05 – 17.06, food – shalok 17.07 – 17.10, yagye – shalok 17.11 – 17.13, speech – shalok 17.15 – 17.16, gift – shalok 17.20 – 17.22, abandonment – shalok 17.07 – 18.09, knowledge – shalok 18.20 – 18.22, action shalok 18.23 – 18.25, doer shalok 18.26 – 18.27, intellect – shalok 18.30 – 18.32, firmness – shalok 18.33 – 18.35 and happiness shalok 18.37 – 18.39. All this gives deep and complete knowledge of them all and this knowledge is all pervasive.
       Shri Krishan expounds all possible paths chapter after chapters. Chapter 2 - Saankhye Yog, the path of Self Knowledge; Chapter 3 – Karm Yog, the path of action; Chapter 4 – Gyaan Karm Sanyaas Yog, the path of knowledge, action and renunciation; Chapter 5 – Karm Sanyaas Yog - the path of action and renunciation; Chapter 6 – Aatm Sanyam Yog, the path of Self-Restrain; Chapter 7 – Gyaan Vigyaan Yog , the path of Knowledge and Science; Chapter 8 – Akshar Brahm Yog - The path of Imperishable; Chapter 9 – Raaj-Vidya Raaj - Guhye Yog - the path of wisdom and mysticism; Chapter 12 – Bhakti Yog - the path of devotion and surrender; Chapter 18 – Moksh Sanyaas Yog - the path of renunciation and emancipation. All this words of wisdom is to help us to find what is true for us.
    In Chapter 11, Vishwarup Darshan helps Arjun experiencing the universal form of the cosmos. Sanaatan knowledge and wisdom is not merely rhetoric, logicalizing or dialectics where the entire effort is to win and establish intellectual superiority but is all about transmission of and having cosmic experience. The world has choicelessly moved from the third to the fourth dimension after experiencing the covid cosmic kick and have become aware of the metaphysical existence of us there is awareness of toxin free health, pollution free environment and non-conflicting existence. Reading, understanding and assimilation of the simple but deep learning so beautifully expounded in Shrimat Bhagwad Geeta has more relevance and significance to mankind today than ever. There is not a single word in the song celestial which does not contain an underlying thought or hold a significant meaning to relate to the path that every human being is traveling in lateral time and existing in quantum way. It is for us to locate our standing in the universe and move forward to achieve the true and real purpose of life. It is also for us to see why those who, though seem to be rising on social ladder, are falling from the true and real purpose of life, until the truth dawns and the karmic colours splash on life’s canvas, following irreversible laws of nature, without judgment.
       The song Celestial helps us to unwind all that riddles us once we decide to let our life loose. There is not a single word or thought which can be added in the song celestial here, there, or anywhere. Shrimat Bhagwad Geeta is a complete code, with its tributaries and attributes reaching all over. Time and again it becomes imperative for everyone who in the process of seeking realization seeks to decipher the mundane and the ephemeral as also the metaphysical and ethereal to perceive the picture as a whole, which it quests to experience, as the goal and purpose of coming into existence.
        Shrimat Bhagwad Geeta is one of the most powerful documents to be read and re-read, to enable understanding of the people and world around and realising the true nature of Self. It helps us to begin or to end in the most profound manner the so-called war between forces that are blindfolded by lust, greed, and desire to control and continue to exploit others and feel more authorised, empowered, and sanctioned, to continue in their venture, on one hand. On the other hand, are those that have the necessary wisdom, knowledge, experience and understanding and wish to continue to exist helping each other and feel pained by the miseries of the exploited and the exploiters and keep evading the war until it becomes inevitable, for that brings several other kinds of misery, unhappiness, and disasters. It is imperative to have awareness of the whole to act meaningfully and effectively act in the world to our perfection and continue to enjoy bliss of existence.
       The advent of the new age demands re-enforcement of the same said principles and the underlying energies in a new form to be fully appreciated, understood, and realised. One of the basic ingredients of sanaatan belief system is the physical experience of Truth and that is one reason that the fundamentals of philosophy have survived irrespective of the onslaughts. The conscious meta - physical experience and realisation and the bliss that follows is a very personal experience and keeps the being act purposefully, till the existence continues to exist in bliss and ecstasy.
       Reading and understanding Shrimat Bhagwad Geeta is yet another step to help the perception of the conflicts and resolve them or help the perception of absence of such conflicts and negate them. In the absence of correct appreciation, understanding and realization of the Truth, every human being not only thwarts her/his own development and progress towards the Ultimate, but also gets involved in social reactions and interactions which defeat the very purpose of existence. The inability of human being to perceive the whole or Its true nature brings about thoughts and feelings like disapproval, disappointment, displeasure, annoyance, anger, dissatisfaction, depression, frustration, guilt, fear, jealousy, hatred, melancholy etc. leading to social expressions and social phenomena like lack of sympathy, unfriendliness, hostility, aggression, enmity, abuse, violence, exploitation, brutality, terrorism, poverty, corruption, divorce etc. which religion and law endeavor to minimize and control.    This book is neither intended to unsettle the minds of those who are attached to pleasure and power or to invite their opinion. This is meant merely to induce and reinforce in the wise the stimulus and vitality to carry persistently and precisely on their activities, to create a perfectly harmonized social order and help every other individual to reach Self-realization.
        It is time for us all to realize our true Self and move on a spiritual path, within. It is the time to Shrimat Bhagwad Geeta helps us to see the larger cosmic picture, our location in the cosmos, and the path uniquely suitable and provided to us. For over 5,000 years now and for times immemorial Shrimat Bhagwad Geeta will continue to help every old soul on the path to resolve the issues and help becoming conflict free, leading to move with the spiritual revolution 5.0.

International Mediation Day - October 19, 2023

The mediation movement in USA originated as a reaction to the shortcomings and challenges associated with divorce practices in the early 1970s. Disheartened by the adverse outcomes of litigated divorces, both parties and their advocates began exploring divorce mediation as a more collaborative approach.
    In this backdrop, 1975 saw the establishment of the Family Mediation Association (FMA) by Jim Coogler, Steve Erickson, and their peers. Coogler's pioneering book, "Structured Mediation in Divorce Settlement," acted as a beacon for this emerging field. His personal experience with a painful divorce process, one that resulted in significant personal and familial losses, became the catalyst for his advocacy. Initial skepticism was palpable, with critics questioning the potential of mediation, especially for high-conflict couples. However, the pressing need for a more compassionate approach for divorcing families was evident.
     By 1981, a second influential body, The Academy of Family Mediators (AFM), was founded by John Haynes, Steve Erickson, and others. Initially, the AFM's focus was on providing divorce mediation training as a means of funding its establishment. The association rapidly expanded, offering a variety of member benefits by the mid-80s. By the mid-90s, its member base had ballooned to over 4,000 mediators and trainers.
    The growth of mediation wasn't confined to family disputes. Other Alternative Dispute Resolution (ADR) entities like the Society of Professionals in Dispute Resolution (SPIDR), Conflict Resolution in Education Network (CRE-NET), National Association for Community Education (NAFCM), and the National Association for Mediation in Education (NAME), and many more, also saw significant growth. With primary funding from the Hewlett Foundation, these organizations continued to thrive until the late 90s. By 2000 Hewlett Foundation decided that it will fund only one umbrella organization. To consolidate resources, AFM, SPIDR, and CRE-NET merged to form the Association for Conflict Resolution (ACR). This merger brought together over 7,000 members, encompassing diverse practice areas.
   The ACR's impact is evident in its establishment of Conflict Resolution Day in 2005, setting standards for school-based peer mediation programs in 2007, and its continued advocacy for peaceful conflict resolution. ACR drafted ‘Recommended Standards for school-based Peer Mediation Program, 2007 and many other standard documents for training, with a view to:
• Promote awareness of mediation, arbitration, conciliation and other creative, peaceful means of resolving conflict;
• Promote the use of conflict resolution in schools, families, businesses, communities, governments and the legal system;
• Recognize the significant contributions of (peaceful) conflict resolvers;
• Obtain national synergy by having celebrations happen across the country and around the world on the same day.
    October, with its roots in the Latin word "Octo," means eight.  October occupied the eighth place of a year when the year was made of ten months and 304 days. However, because of season calendar mismatch January and February were added and  October became the tenth month, but it did not lose its name. Eight and  October symbolizing fertility, prosperity, and peace, serves as a poignant month for such advocacy. This month sees global celebrations of peace and non-violence, especially with Gandhi Jayanti on October 2nd. In 2008, the American Bar Association (ABA) designated the third week of October a s 'ABA Mediation Week.' Recognizing the same spirit, both the ABA and ACR, along with numerous organizations, earmarked the third Thursday of October as International Mediation Day.

This year, on October 19th, team Nivaaran, the mediators of Supreme Court has come together to celebrate International Mediation Day. Significantly, Nivaaran is introducing this celebration in India and pledges its annual observance. I'm optimistic that India will witness a surge in mediation associations akin to the USA's experience. While challenges and skepticism are inevitable, team Nivaaran, the Supreme Court Mediators stand resolute. In collaboration with the MCPC, under the esteemed leadership and guidance and of Justice Sundresh, we aim to establish a unified front, to set standards of mediation in the letter and spirit and upholding the principles of the India Mediation Act, 2023.