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Role Of Mediators In Resolving Child Custody Disputes




Gaurav Pal, LL.M, School of Law Justice and Governance, Gautam Buddha University, Greater Noida, UP.

Dr. Ravi Prakash Rahul, Assistant Professor, School of Law Justice and Governance, Gautam Buddha University, Greater Noida, UP.


ABSTRACT


This research paper examines the role of a mediator in resolving child custody disputes with reference to the family court in Delhi. Child custody cases are often emotionally sensitive and time-consuming, making it difficult for courts to provide quick and satisfactory solutions. Mediation, as an alternative dispute resolution method, offers a more cooperative and less adversarial approach to resolving such conflicts.


The study aims to analyse how mediation assists parents in reaching mutual agreements and whether mediation outcomes serve the best interest of the child. It also explores the effectiveness of mediation in reducing conflict, saving time and improving communication between disputing parties.


The research is based on both primary and Secondary data. Primary data has been collected through questionnaires from the parents and mediation trust, while secondary data includes books, journal articles, and legal provisions related to mediation. Findings suggest that mediation plays a significant role in resolving child custody disputes by promoting understanding and reducing hostility between parties. however, challenges, such as lack of cooperation, emotional stress, and power imbalance, can affect the success of the process.


The paper concludes that mediation is an effective and beneficial method for resolving child custody disputes, but improvements in awareness, mediator training, and structured procedures are necessary to enhance its efficiency in family courts.


Keywords: Child custody, Parenting Conflicts, Family disputes, Family Mediation, Mediators, ADR, Alternative dispute resolution, Divorce Mediation.



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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