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Mediation in India: Navigating Family Conflict Resolution and Legal Reforms
Mediation in India: Navigating Family Conflict Resolution and Legal Reforms
India has a long history of promoting alternative conflict resolution methods, many of which are practised in rural regions, outside of the official legal system. A welfare state must include both judicial and extrajudicial conflict resolution procedures to provide equitable access for all people and the upholding of their legal and basic rights. In India, mediation has a long history that dates back to the time of the ancient judicial systems known as "Shantidoot" and "Gramme Panchayats." The last 20 years have seen a paradigm shift in family conflict resolution due to developments in divorce legislation, gender equality, and the need for more legal rights understanding. ADR (alternative dispute resolution) procedures have become a major force in judicial reform and conflict management. The Law Reform Commission described ADR as a "cure-all" and a useful instrument for resolving family conflicts and ensuring fairness in the legal system.
Developing alternative conflict resolution techniques has been ongoing, with parties favouring private judging, negotiation, conciliation, arbitration, mediation, and arbitration more and more. The Industrial Conflicts Act, of 1947, which includes provisions for conciliation and arbitration to settle conflicts, was the first legislation in India to recognize the idea of mediation. The Code of Civil Procedure, 1908 was amended in 1999, adding Section 89 that included the idea of "Court Referred ADR." Alternative conflict resolution procedures are widely used in India; the Law Reform Commission describes them as a cure-all for many problems and a useful instrument for the enactment of justice in family disputes. Any culture is built on the foundation of marriage and the family, and in India, marriage is revered and regarded as holy.[1] The bond acts as a shield against social weaknesses since it is seen as eternal till death. But there are also big changes happening in India: a rise in the number of divorces and separations, domestic violence, intergenerational disputes, drug usage, and juvenile criminality. Due to their accessibility and quick settlement, locals prefer Panchayats, village elders, and elders in families to courts for resolving family issues.
Civil or criminal processes, including divorce, maintenance, restoration of conjugal rights, child custody, and visitation rights, may result from marital disagreements. To facilitate mediation and ensure the prompt resolution of marital and family conflicts, the Family Courts Act of 1984 was passed. Family courts handle a variety of cases about family and marriage disputes, such as dissolution of marriage, restitution of conjugal rights, declaration of marriage as null and void, legality of marriages, married couples' property, maintenance and alimony, and child custody and guardianship. Even in cases when counsellors claim that mediation is not working, the Supreme Court of India ordered Family Courts to use mediation to resolve conflicts.[2]
Though social shame has historically stigmatized divorce in India, the number of divorce cases is rising as a result of growing affluence, heightened ego, and professional competitiveness. Issues including property split, child custody, visiting rights, and spousal support are burdening young married couples.[3] To save money on expensive trials and come to a just settlement, some spouses are choosing divorce mediation. In addition to addressing the emotional problems related to divorce and parental disputes, mediation promotes cooperative problem-solving. It is a good choice for family-related concerns since it concentrates on settling conflicts and taking care of the future of the kids. More candid conversations are possible because of the mediation process's informality and adaptability.
References
[1] Nair, Nivedita. "Scope of Mediation in Matrimonial Disputes in India." NUALS LJ 8 (2014): 154.
[2] Raju, Remya Mariam, and R. Thilagaraj. "An Exploratory Analysis on the Practice of Mediation in Matrimonial Dispute Cases in India." (2022).
[3] Prakash, G. R. "Mediation in Family and Matrimonial Disputes." Issue 5 Indian JL & Legal Rsch. 4 (2022): 1.
- India's tradition of alternative conflict resolution dates back to ancient judicial systems, evolving into a vital force in modern legal reforms.
- Alternative Dispute Resolution (ADR) methods, including mediation, are recognized as instrumental in India's legal reforms, addressing family issues prompted by changes in societal dynamics.
- The Family Courts Act of 1984 promotes mediation as a primary means to swiftly resolve marital and family conflicts, even as divorce rates rise in response to changing socio-economic factors.
