Sixteen Years of Afcons: Mediation Conversations to Revisit a Landmark in India’s Mediation Journey

Ernakulam: The Mediation Society will hold the next edition of its Mediation Conversations series on Tuesday, 29 September 2026, at 7.30 PM, with a discussion titled “Sixteen Years of Afcons: Revisiting a Landmark in India’s Mediation Journey.” The programme will be held online via Zoom and streamed live on the Society’s YouTube page. The event is open to the public and requires no prior registration.

The conversation will revisit the Supreme Court’s landmark 2010 decision in Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd. and examine its continuing significance to the development of mediation.

Decided on 26 July 2010, Afcons became an important authority on the interpretation and practical operation of Section 89 of the Code of Civil Procedure, 1908. Among other issues, the Supreme Court addressed the appropriate stage and procedure for referring cases to ADR, distinguished between the different processes contemplated by Section 89, clarified the role of consent, and identified categories of disputes ordinarily suitable—and unsuitable—for ADR. The judgment also sought to resolve drafting difficulties in Section 89 and offered practical guidance to courts on making ADR referrals.

Sixteen years later, the discussion will consider what Afcons contributed to India’s mediation jurisprudence, how its principles have operated in practice, and how the judgment should be understood today as India moves into a new statutory phase of mediation.

The panel comprises Adv. Anirudh Kumar, Lawyer, High Court of Madras; Adv. Dhanuja M.S., Lawyer, High Court of Kerala; and Adv. Nandakishor S., Asst. Professor, KMCT Law College, Kuttippuram. Adv. Joel K. Johnson, Lawyer, Accredited Arbitrator and Mediator, will chair the conversation.

The programme forms part of Mediation Conversations, The Mediation Society’s continuing series of discussions on significant developments, ideas and issues shaping mediation law and practice in India.

The event is open to the public.

Zoom Details

Join Zoom Meeting: https://us06web.zoom.us/j/81065872084?pwd=Nw4B5fChwjVXdSaPlsb107XTpUMyL8.1

Meeting ID: 810 6587 2084; Passcode: 196260