LIJDLR

THE ROLE OF THE MEDIATORS IN MATRIMONIAL DISPUTES: THE ANALYSIS OF ALTERNATIVE DISPUTE RESOLUTION IN THE FAMILY LAW

Gracy Tanwar, LL.M, Student at National Law University, Odisha (India)

Siddharth Abhishek, LL.M, Student at National Law University, Odisha (India)

The issue of matrimonial disagreement constitutes one of the most emotionally charged and socially sensitive issues in the system of law. Conventional litigation tends to further the animosity among the partners and can cause a lengthy court battle which can be detrimental to the family, especially their children. In this regard, mediation has been a strong alternative dispute resolution (ADR) tool that boasts of dialogue, collaboration and win-win solutions. Mediators are important in ensuring the communication process, determining their underlying interests, and leading the parties to friendly solutions without giving a verdict. Mediation of matrimonial disputes has been an issue of importance in India, where institutional means of doing so have been established including Family Courts, mediation centres, and statutory provisions under procedural laws. Mediating matrimonial disputes (such as divorce, maintenance, custody and domestic) are increasingly referred to court prior to adjudication. The reason is that the process is supposed to maintain relationships where it can be maintained, lower litigation expenses, and lighten the burden of courts. Research has shown that mediation often results in faster settlements and greater compliance with the agreement since the results are negotiated by the parties themselves. This research paper analyses the role of mediators in marital conflicts, their functions, legal provisions, merits, and weaknesses, and issues that are practical. The paper also assesses the role of mediation in resolving disputes in the family law and also examines how mediation systems can be enhanced in India.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 2, Page 198–214.
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