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Mediation In Matrimonial And Family Disputes: A Study On Effectiveness In Reducing Litigation Burden




K.S. Raksha, Chettinad Academy of Research and Education, Chettinad School of Law, Kelambakkam, Tamil Nadu, India.


ABSTRACT


Matrimonial and family disputes often involve sensitive issues that go beyond legal rights, touching upon emotions, relationships, and social well- being. While courts remain the traditional forum for resolving such conflicts, the growing volume of family-related cases has significantly burdened the judiciary, often leading to delays and prolonged distress for the parties involved. Mediation, as an alternative dispute resolution mechanism, provides a more collaborative and less adversarial approach. It emphasizes dialogue, mutual understanding, and voluntary settlement, offering parties an opportunity to resolve disputes in a manner that preserves relationships and reduces emotional strain. This study explores the role and effectiveness of mediation in matrimonial and family matters, particularly in reducing the litigation burden on courts. It also examines how mediation contributes to faster resolution, cost-effectiveness, and improved compliance with settlements. By highlighting both its potential and challenges, the research underscores the need for strengthening mediation frameworks and encouraging greater reliance on this mechanism in family law disputes.


Keywords: Mediation, Matrimonial disputes, Dispute settlement, Litigation burden, Alternate dispute resolution.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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