Family Mediation In India: Existing Regulatory Framework

Aayushi Arora, OP Jindal Global University

INTRODUCTION

“Discourage litigation, persuade your neighbours to compromise whenever you can. Point out to them how the normal winner is often a loser in fees, expense, cost and time.”

- Abraham Lincoln

Marriage is an essential institution and it has an important function to play in community as a whole, and it has always been the basis of harmony. The rapidly changing social and familial environment has presented new problems to the younger generation, such as rising insecurities, shifting roles of husband and wife, and fast-pace living pressures. All of this has resulted in a lack of interpersonal harmony.

Several marital disputes are arising due to a change in the circumstances. The judiciary, already overwhelmed by an increasing number of cases, is unable to handle these issues. ADR has been shown to be the next-best choice with such a load. It establishes a legal framework for settling disputes between private parties. Mediation is a type of alternative dispute resolution in which a neutral mediator promotes dialogue between parties in order to achieve reconciliation, understanding, and settlement. This form of conflict settlement not only saves time, but it also reduces animosity and alienated relationships caused by litigation.

The author of this article will examine how Mediation as an Alternative Dispute Resolution, can more amicably redress family disputes as compared to traditional modes of litigation, current legal framework of family mediation in India, issues and challenges with the current mediation regime and then provide recommendation to deal with such issues.