Effectiveness Of Family Mediation In Conflict Resolution
- IJLLR Journal
- 2 days ago
- 1 min read
Updated: 1 day ago
Janvi Bhati, LLM, IILM University, Noida
Dr. Bhavana Dhoundiyal, IILM University, Noida
ABSTRACT
Family disputes involving divorce, child custody, maintenance, and property distribution often lead to prolonged litigation, emotional distress, and financial burden for the parties involved. Traditional adversarial court proceedings may intensify conflicts rather than resolve them amicably. In this context, family mediation has emerged as an alternative dispute resolution mechanism aimed at facilitating cooperative dialogue and mutually acceptable settlements between disputing parties. Family mediation emphasizes communication, voluntary participation, confidentiality, and the involvement of a neutral third-party mediator who assists the parties in identifying their interests and exploring possible solutions.
This study examines the effectiveness of family mediation in resolving family conflicts and reducing the burden on judicial institutions. It evaluates how mediation promotes amicable settlement, preserves familial relationships, and provides faster and less expensive dispute resolution compared to traditional litigation. The research also analyzes the legal framework governing mediation in India, particularly the provisions relating to mediation in family disputes and the enactment of the Mediation Act, 2023, which has strengthened institutional mediation mechanisms. Through doctrinal and analytical methods, the study assesses the advantages, limitations, and practical challenges in the implementation of family mediation.
The research concludes that family mediation plays a crucial role in fostering cooperative problem-solving, protecting the interests of children, and encouraging sustainable conflict resolution. However, the effectiveness of mediation depends upon awareness, trained mediators, institutional support, and the willingness of parties to participate in the mediation process. Strengthening mediation infrastructure and promoting a mediation culture can significantly enhance the resolution of family disputes in India.
Keywords: Mediation, alternative dispute resolution, court-annexed, settlement
