Tushya Bhadani, BMS College of Law, Bengaluru (Karnataka State Law University)
ABSTRACT
This article examines how the Indian legal system uses Alternative Dispute Resolution (ADR) to settle family disputes. It draws attention to the difficulties that conventional litigation procedures encounter, such as their adversarial nature and backlog, and it underlines the necessity of effective dispute settlement procedures. ADR techniques including conciliation, arbitration, and mediation are talked about because of their adaptability, affordability, and capacity to maintain partnership.
Concerning provisions in legislation such as the Family Courts Act, Hindu Marriage Act, and Special Marriage Act, the article analyzes pertinent laws and processes that support alternative dispute resolution (ADR) in family conflicts. It talks about the court’s role in encouraging amicable resolutions and fostering reconciliation, especially in divorce and marital matters.
The paper also emphasizes how important alternative dispute resolution (ADR) is for resolving the emotional complexity of family disputes and safeguarding the interests of the affected children. It emphasizes the judiciary's acceptance of reconciliation as a crucial component of family conflict resolution by citing instances from court rulings.
The paper concludes by arguing that ADR approaches should be widely used in family law since they provide a more successful and compassionate method of resolving disputes, which ultimately benefits the parties involved and the maintenance of family ties.
