Mediation As An Alternative Dispute Resolution Mechanism In Matrimonial Matters
- IJLLR Journal
- 1 hour ago
- 2 min read
Ishika Singh, LL.M., School of Law Justice & Governance, Gautam Buddha University, Greater Noida, U.P.
Dr. Rama Sharma, Assistant Professor, School of Law Justice & Governance, Gautam Buddha University, Greater Noida, U.P.
ABSTRACT
This study aims to assess how effective mediation is in resolving matrimonial disputes. It examines the core characteristics of mediation and explores the extent to which it is accepted as a method for settling such disputes. This research paper focuses on legal framework governing mediation and measuring the success rate of settlement of matrimonial dispute through mediation. This research paper Evaluate the features of matrimonial dispute and social and cultural factors interplaying such dispute. The researcher through this research aims to study the underlying problems in applicability of mediation as method for resolving matrimonial dispute, particularly in matrimonial matters where preserving relationships and ensuring amicable settlements are of paramount importance. It evaluates the extent to which mediation is accepted and practiced as a viable method of dispute resolution, while also identifying challenges that affect its effectiveness. The researcher through this work found out that legislative Enactment and judicial pronouncement Encourages mediation and conciliation for settlement of matrimonial dispute. Furthermore, study undertakes a critical evaluation of how effective mediation is in practice by considering aspects such as the satisfaction of the parties involved, the enforceability of agreements reached, efficiency in terms of time and cost, and its capacity to maintain relationships. At the same time, it addresses significant concerns, including unequal bargaining power between spouses, limited awareness about mediation, insufficient training of mediators, and the possibility of pressured or unfair settlements, particularly in sensitive situations like cases involving domestic violence. Thus, study concludes by suggesting reforms aimed at strengthening mediation in matrimonial mediation by identifying certain issues and proving possible solution by keeping in mind legal framework governing it.
