Mediation in Matrimonial Disputes in India: Legal Framework, Role &Implementation Challenges

Mrunal Pratap Dhamale
Vishwakarma University, Pune

I. Abstract
Matrimonial disputes have emerged as one of the most litigated problems before the family
courts in India. Conflicts arising in marriage often involve complex emotional, social &
financial issues that not only affect the spouses but also children & extended family members.
Common issues which arise in matrimonial litigation include divorce, judicial separation,
maintenance, domestic violence, child custody & matrimonial property related disputes. Due
to the sensitive nature of these disputes they tend to result in long emotionally stressful legal
battles. Lengthy court procedures, increasing costs of litigation & the accumulation of backlog
of cases in family courts has also made it difficult to provide timely justice in matrimonial
cases. Mediation involves a third party referred to as a mediator who is a neutral person helping
the parties in a dispute to negotiate with each other & find solutions acceptable to both. Unlike
traditional court proceedings the focus in mediation is on cooperation, dialogue, mutual
undersetting not confrontation. The process allows both parties to actively take part in resolving
their dispute. It encourages them to come to a mutual agreement on their own, based on their
needs and interests.
The significance of mediation in matrimonial disputes is that it caters for legal emotional
aspects of family conflicts. Many disputes between married partners are not a result of a legal
disagreement but rather of misaddressing’s, poor communication emotional distress. In some
cases, mediation may even help couples to reconcile & continue their marital relationship. Even
in the case where reconciliation is not possible mediation is useful in enabling the parties
separate in a peaceful way. The Indian legal system as in recent times realised the significance
of mediation in settling family disputes. Family courts actively encourage parties to try
mediation before they can go through lengthy litigation. Mediation centres attached to courts
in various parts of the country have played a great role in bringing amicable settlement between
the spouses. Mediation offers two main advantages: it speeds up how quickly disputes are
resolved and reduces the burden on courts. This study examines influence of mediation in the
context of matrimonial disputes within India. It elucidates fundamental principles, significance,
and advantages of mediation, alongside its potential to mitigate the backlog of cases within the
courts. Furthermore, the paper addresses the obstacles encountered in the effective application
of mediation and proposes strategies to enhance its efficacy in the resolution of familial
conflicts.

II. Introduction
Family disputes are highly sensitive in nature because they deal with the personal relationships,
emotional ties & deeply-rooted social values. Matrimonial conflicts create serious
psychological & financial stress for not only the spouses but for their families as well. These
disputes have a direct impact on the private life of the individuals concerned or may even have
long-term consequences for children’s & other members of the family unit. In India, such
disputes often go to family courts occasionally where they are held through formal legal
procedures. Under this system, both sides of a case try to prove their cases before the court
with the judge at the end deciding the case based on arguments of their respective legal
positions preceded by evidence presented by the respective sides.1
However, the adversarial nature of traditional litigation may sometimes increase conflicts
instead of settling them peacefully. Court proceedings have multiple hearings, legal formalities
& procedural delays. As a result, marital disputes can take several years to be settled. During
this time the parties can experience emotional distress, financial pressure & social stigma. In
many cases due to prolonged litigation the relations between the spouses get further impaired
& reconciliation becomes almost impossible. Moreover, the fact that court proceedings are

1 Legal Services Authori es Act, 1987, No. 39 of 1987 (India).
considered public could mean that personal issues of the family are revealed to the public eye
leading to an uncomfortable embarrassing situation for the involved parties.
Another issue is the rising number of matrimonial cases. The increase in the rate of marital
disputes has caused a great burden over the judicial system. Family courts are often burdened
with many cases making it difficult to give fast effective justice. Due to these backlogs disputes
which require immediate attention such as maintenance or child custody will also be delayed.
Such delays not only have an impact on the people concerned but also on the public confidence
in the justice delivery system.2
Mediation provides a structured yet adaptable way for people to express their concerns and
expectations, with a neutral mediator guiding the process. The mediator doesn’t make
decisions; instead, they help with communication and explore possible solutions.

Mediation, unlike litigation, is based on conversation, understanding, and agreement. This
process actively involves both parties in resolving their disagreement, with the goal of creating
a solution that addresses their shared interests and practical needs. Therefore, mediation is
slowly becoming an important effective tool for matrimonial disputes resolution in India. By
encouraging dialogue & cooperation mediation is a more humane practical way of resolving
family conflicts without breaking the relationship or the interests of the people involved in the
conflict.
III. Concept of Mediation
Mediation is a voluntary cooperative process whereby a third party called a mediator helps
disputing parties in reaching a mutually acceptable settlement. He is not given power to impose
a decision or judgment on the parties. Instead, mediator provides a way for them to
communicate with one another & helps to establish a constructive environment where both
sides can openly discuss their expectations with each other. The primary function of the
mediator is to facilitate the discussion to clarify miscommunication to urge the parties to
consider options that may result in a fair mutually agreed to resolution of the dispute.3
Court proceedings are subject to the strict rules of the law, formal requirements regarding
evidence procedures that must be followed. In comparison mediation offers parties the freedom

2 Afcons Infrastructure Ltd. v. Cherian Varkey Construc on Co. (P) Ltd., (2010) 8 SCC 24.
3 Law Commission of India, 238th Report on Amendments to the Arbitra on Concilia on Act, 1996 (2014)
to communicate take an active role in working out their dispute. The parties themselves play a
central role in negotiating the terms of settlement instead of leaving the final decision almost
entirely in the h&s of a judge. The mediator promotes respectful dialogue assists both parties
in considering practical realistic solutions. This cooperative approach is helpful in reducing
tension encouraging a better mutually satisfactory outcome. Through mediation parties are able
to negotiate important issues such as maintenance, alimony, child custody, visitation rights
matrimonial property division issues.
Confidentiality is a important part of the mediation process. What people say during mediation
is kept private and can’t be used as evidence in later court cases. This confidentiality helps the
people involved to feel safe and open, allowing them to talk about their concerns without
worrying that their words will be used against them later.
Mediation, which relies on communication, teamwork, and voluntary agreement, offers a
helpful and beneficial way to resolve disagreements in marriage.By encouraging discussion
and fostering mutual understanding, mediation provides an effective method for resolving
conflicts, while also protecting the dignity and emotional well-being of those involved.
IV. Legal Framework of Mediation in India
India has seen the evolution of its legal system regarding resolutions of conflict primarily due
to developments in legislation & judicial decision making. In addition a variety of institutions
have also evolved to assist with the resolution of disputes using alternative dispute resolution
techniques through mediation. Over the past several years there has been a growing recognition
of the emotional & relational aspects of marriage which has resulted in a shift from using
traditional methods of dispute resolution such as adversarial litigation to resolving disputes
amicably. Mediation seeks to reduce conflict, maintain relationships & provide timely access
to justice by resolving disputes. Mediation is governed by many different statutes in India &
there is no one statute that governs mediation per se. There are also judicial decisions which
have affirmatively found that mediated settlements are constitutionally valid under the law.
Thus all parties to disputes in India have a legal right to use mediation to resolve their disputes.
Section 89 of India’s Civil Procedure Code enacted in 1908 was the first to include mediation
as a method of achieving justice. This section came about from the 1999 amendments to CPC
with the goal of encouraging courts to seek out possible settlements prior to going through the
litigation process. Courts now have the authority to refer disputes to alternative dispute
resolution including mediation where elements of settlement present themselves. Section 89 is
particularly important in marital disagreements because the court can get involved sooner
rather than later & guide parties to resolve their issues through a cooperative process rather
than adversarial one. In the case of Afcons Infrastructure Ltd. v/s Cherian Varkey Construction
Co, Supreme Court made it clear that marital issues are particularly good c&idates for
mediation because these disputes are very sensitive & it is important to maintain the family
relationship after they are resolved. Overall, Section 89 is statutory gateway to provide access
to mediation as part of the civil process & promote a peaceful resolution of family related
disputes.
Family Courts Act, 1984 is a major part of the legal system of our country. As the name implies
it deals with families & family disputes specifically creating a process for resolving these
disputes quickly & through settlement as opposed to through litigation in a traditional civil
court. Family Courts were created to be much less formal & focus on reconciliation as opposed
to traditional court procedures that are adversarial. Under Section 9 of the Act, family courts
must encourage & promote reconciliation prior to going to trial or taking legal action. This
means that the intent of this law is to place a priority on the reconciliation & mediation process
rather than on adversarial adjudication. Family Courts usually have counsellors, psychologists
& social welfare professionals who provide assistance when it comes to resolving marriage
related disputes. A marriage dispute is much more than just a legal dispute. It is also about the
loss of effective communication, trust, & understanding between the couple. Family Courts
seek to reduce hostility & provide an opportunity for couples in dispute to discuss their
concerns together & potentially reach a compromise through their use of mediation &
counselling.4However, despite the clear intent of the Family Courts Act to create a more
progressive way to resolve family disputes there are many differences between jurisdictions in
terms of their ability to implement this progressive model due to insufficient infrastructure &
resources.
The Legal Services Authorities Act, 1987 has a vital role in promoting mediation in family
disputes by providing access to justice via alternative dispute resolution avenues. The Act’s
primary purpose is to provide legal assistance free of charge to disadvantaged segments of
society & promote amicable resolution of disputes via Lok Adalat & Mediation Centres. Family
law matters bring emotional & financial difficulties to families & thus this system of ADR
provides an alternative that is economical, fast, & non-adversarial. Section 12 provides women,

4 Family Courts Act, 1984, § 9 (India).
children & members of the economically disadvantaged classes with free legal aid, allowing
them to participate equally in mediation without being restricted financially.5In addition to
supporting legal aid for mediation section 4 of the Act establishes the National Legal Services
Authority (NALSA) which develops national policy & advocates for the use of mediation while
also conducting education & training on dispute resolution other than through litigation.
Section 6 establishes State Legal Services Authorities which are empowered to administer a
State Legal Aid Program & provide for mediation services as well as organize Lok Adalat’s.
By allowing for the referral of matrimonial disputes to be settled through mediation & ensuring
access to these services at the local level, State Legal Services Authorities provides vital
assistance. Section 19 discusses the organization of Lok Adalat which are informal forums for
resolving disputes through compromise. Because of their informal & flexible procedures
matrimonial disputes frequently arise in Lok Adalat’s. The authority of this section is also
supported by Section 21 which provides that the award of Lok Adalat is treated as a decree of
a civil court & is final & binding on both parties to the dispute, thus ensuring the enforceability
of mediated settlements & enhancing the public’s confidence in Alternative Dispute Resolution.
Section 22B provides for the establishment of Permanent Lok Adalat & embodies the greater
legislative purpose of facilitating the out of court settlement of disputes by promoting pre
litigation settlements. Although this principle is intended primarily for the settlement of
disputes relating to public utility services it has also had an influence on developing pre
litigation mediation in matrimonial matters where early intervention may serve to mitigate the
escalation of conflict. Mediation centres established under the Act provide both trained
mediators & established procedures to facilitate amicable settlements of family disputes.
The Indian Mediation Act 2023 has brought an enormous shift in the Indian dispute resolution
system by giving constitutional status to mediation as a separate & structured mechanism. One
of the most important aspects of the Act is that it creates pre-litigation mediation as discussed
in Section 5 of the Act. Pre-litigation mediation encourages the parties to seek an amicable
settlement of any issues prior to going to court. This is particularly helpful for matrimonial
disputes as intervening early in a couple’s marriage will help reduce the escalation of disputes
& minimize the psychological & economic costs incurred by each party. By requiring that both
parties engage in mediation at the earliest possible point in the dispute the 2023 Act creates an

5 Legal Services Authori es Act, 1987, § 12 (India).
environment for cooperation & maintenance of amicable relationships among the parties to the
dispute, particularly when children or other family members are involved.6
An important aspect of this law is Section 18 which states that if parties agree to resolve all
issues through mediation, then their agreement will be legally binding like an order issued by
a judge of the court. This provision will add a great deal of certainty for parties to resolve their
differences quickly especially in situations involving child support, alimony, child custody &
property settlement type disputes. Section 22 of this statute ensures that all mediation
communications & materials are confidential & therefore are not admissible in any future court
hearings. The confidentiality provision gives parties security to talk freely & honestly to each
other about their problems & provides for a safe & secure environment for all parties especially
when there are emotional issues involved.
Additionally, mediator roles & st&ards are outlined in Section 24 requiring them to remain
impartial during the mediation proceedings. Section 26 promotes institutional mediation by
encouraging the establishment of recognised mediation service providers to ensure that
mediation is conducted with professionalism & consistency. In summary, the Mediation Act,
2023 creates a much stronger legal framework for the resolution of matrimonial disputes by
assisting with early settlement, creating an enforceable settlement agreement & providing
protection of confidentiality & providing mediation as an alternative to litigation.
The Indian judiciary has been to a significant degree proactive in the promotion of mediation
as a means of settling matrimonial disputes as courts have commented favorably on the need
for resolution of family disputes using mediation rather than through traditional litigation. In
Salem Advocate Bar Association v. Union of India, the Supreme Court of India approved the
constitutionality of the provision in Section 89 of the Code of Civil Procedure allowing the
courts to refer cases to alternative dispute resolution mechanisms. In addition, the judgement
rendered by the Honorable Supreme Court of India regarding the importance of mediation in
matrimonial disputes occurred in the matter of K. Srinivas Rao v. D.A. Deepa where the court
expressed that mediation in matrimonial disputes would have the effect of preventing
unnecessary litigation & reducing emotional harm to the parties involved in the dispute. Many
judicial decisions have recognized that mediation is the most appropriate method for resolving
family disputes due to the fact that mediation is aimed at reestablishing the relationship
between the parties rather than determining which party is at fault. Judicial support of

6 Media on Act, 2023, § 5 (India).
mediation has led to the creation of court-sponsored or court-affiliated mediation centers that
are located throughout the country & staffed by trained mediators who are able to assist parties
in resolving their disputes. Thus court-sponsored mediation centers have contributed
significantly to the reduction of the backlog of cases as well as to providing for the prompter
resolution of matrimonial disputes.
Mediation’s institutional framework has grown considerably in India over time. There are now
mediation centers at the Supreme Court level, High Court level & District Court level these
centers provide structured venues for resolving conflicts. Mediation centers also have trained
mediators & uniform set of rules & procedures to help ensure that the mediation process is
conducted fairly & efficiently. Also, private mediation institutions & professional organizations
have developed which provide specialized mediation services. Even with progress being made
to strengthen the mediation system, challenges still exist such as unequal access to mediation
facilities, inconsistent st&ards for mediator training & low levels of awareness about mediation
among people living in rural areas. Therefore, it is crucial to provide support for strengthening
these institutions to promote mediation as a viable option for all areas of India.
The Indian Mediation System is rapidly evolving towards being more collaborative & humane
in resolving disputes as evidenced by legislative support as Mediation Act 2008. However, the
effectiveness of this evolution will ultimately depend on proper implementation of legislation,
regulations, increase in public awareness of mediation & improvement in infrastructure to
mediate. If these issues are resolved mediation can become the preferred method to resolve
matrimonial disputes in India.
V. Role of Mediation in Matrimonial Disputes
Mediation has a significant role to play in resolving disputes arising out of marriage-related
issues as they typically include an element of emotion as well as legal, relational & personal
concerns. One of the most important roles of mediation is to facilitate communication among
the parties involved in these dispute parameters. This type of dispute most commonly has
misunderst&ings due lack of ability to communicate through feeling & the emotional stress
involved in the situation. However, mediation can provide a space for both parties to speak
freely & safely about their emotions, concerns & expectations without fear of being judged by
their spouse. This will enable both parties to reduce misunderst&ings & provide a clearer
underst&ing of their respective positions on any issue that may lie ahead of them.
The promotion of reconciliation is another key function of mediation. The reason mediation
can promote reconciliation is that it is oriented toward creating dialogue & undersetting as
opposed to assigning blame. Because of this mediation gives the couple an opportunity to work
through their differences & ultimately save their marriage. Even if reconciliation is not possible
mediation assists parties to achieve a peaceful separation. By working together to reach a
mutual agreement on the terms of separation in a respectful & dignified manner the couple is
not required to endure long, costly, & stressful court disputes. This serves to reduce the
potential for emotional trauma & minimizes the risk of hostile behavior between parties. The
Supreme Court of Canada has recognized that mediation is especially well suited in the
matrimonial context, as it promotes the preservation of family relationships & reduces conflict
between the parties.
Mediation can also assist with resolving child custody, maintenance, alimony, property division
& all types of practical issues. The two parties can communicate their issues to one another &
generate a solution that meets their needs & fits their individual situation. The result of this
collaborative communication is that rather than having an impersonal or formal judicial
decision mated both parties will have developed an agreement through their own mutual
undersetting. In turn the likelihood that both parties will comply with their own agreement
reducing the potential for future disputes. Mediation therefore is a non-adversarial &
cooperative approach in which the competing parties can reach a resolution that is both fair &
mutually beneficial to them, thereby enabling it to be a more humane & effective means of
resolving marital differences.
VI. Benefits of Mediation in Matrimonial Disputes
Mediation has many benefits versus litigation; many of these benefits are a function of the high
level of emotionality, relational investment, & personal dignity associated with the resolution
of marital disputes. Speedy resolution is one of the most significant advantages of using
mediation as opposed to litigation to resolve marital issues. Court cases involving marital
disputes generally take a very long time to resolve because of procedural delays & the backlog
of cases; therefore, in order to get cases resolved by way of litigation, parties will generally be
subject to prolonged periods of stress & uncertainty until result time via the court system, while
mediation generally resolves most disputes between two parties in just a few sessions. This
delay of resolving one’s marital issues also has the potential to seriously h&icap one’s ability
to plan for their immediate future.
Cost-effectiveness is another significant advantage of mediation versus litigation to resolve
disputes. Many costs are associated with resolving a lawsuit through the court system including
court costs & attorney’s fees & other incidental costs which create a significant financial
hardship for the parties involved. In contrast mediation is typically a very cost-effective method
of resolving disputes in many jurisdictions. Mediation services are provided at no cost through
legal aid or community mediation centers thereby providing greater access to the use of
mediation especially for those who come from lower economic backgrounds.
Preserving relationships is one of the many benefits of mediation. Mediation promotes
cooperation, underst&ing & respect for each other rather than perpetuates animosity & hostility
like litigation processes. This is especially valuable in matrimonial conflicts where the couple
may have to continue their relationship especially for their children’s well-being even after
separation. By encouraging a cooperative process mediation reduces the negative emotional
impact on both parties & provides a better basis for their relationship post-dispute.
Another benefit is confidentiality; matrimonial disputes involve highly confidential & sensitive
issues that are usually not appropriate for public knowledge. Court proceedings are typically
open as part of our judicial system, but mediation sessions are confidential & private. The law
protects the confidentiality of any comments made during mediation so that these comments
cannot later be used in court proceedings. By assuring this level of confidentiality both parties
have the confidence to be open & honest with each other, which results in the best possible
outcomes for all parties involved.
In addition to this, mediation allows for flexibility as well as a degree of control that neither
party has in a traditional court case. The Judge has no discretion in determining an outcome
during the hearing; the judge will only decide based upon the law & the evidence produced by
either side. The parties to the mediation can create solutions that are best suited for their
situation. They can agree on child custody, visitation, & support arrangements that are tailored
to meet the unique needs of their children & family. As both parties have reached a mutual
agreement on the settlement both parties are more likely to comply with its terms. This greatly
reduces the chance of future disputes occurring between the parties.
Mediation also reduces the burden placed on the Courts due to the increase in matrimonial case
filings in India such that Courts are often unable to keep up with the volume of cases they are
required to h&le. As a result of the delay caused by too few judges or overloaded court systems,
the Courts have considerable backlog in cases waiting to be heard. Mediation eliminates
dispute resolution through litigation thereby decreasing the backlog of cases filed in Court,
allowing the Courts to focus on the more complex legal issues that may require action by the
Courts while at the same time increasing the efficiency of the legal system & improving access
to timely justice.7
Mediation is a much faster more cost-effective, less public, & more cordial means through
which married persons can resolve their matrimonial disputes than through litigation. It can
address both the legal & emotional aspects that are typically associated with matrimonial
discord & represents a highly effective & humane alternative to litigation.
VII. Challenges in Implementation of Mediation in Matrimonial Disputes
Although there are many benefits to the use of mediation in matrimonial disputes there are also
some practical obstacles to their successful implementation in India. One of the major barriers
is public ignorance. Many individuals are simply unaware of their right to mediate or at the
very least do not fully appreciate its advantages. Therefore, most people continue to seek
resolution through the court system as they believe this is the only viable option available to
them for settling a dispute. This ignorance is most evident in rural & semi-urban parts of the
country where the level of legal education is very low.
The other substantial practical barrier to the successful use of mediation in matrimonial matters
is the lack of qualified & trained mediators. Mediation requires specific skills such as
communication, negotiation & conflict resolution abilities as well as an underst&ing of human
behavior & psychology. There are few if any trained mediators in most parts of India & as a
result the success of mediation will be impaired without these qualitative resources. Therefore,
mediation will not achieve its potential as a means of developing trust amongst parties &
resolving sensitive family-related disputes unless there are trained mediators available.8
The mediation of matrimonial disputes can be interfered with by factors such as social &
cultural resistance. Parties may have an unwillingness to compromise due to ego, familial
pressures, social expectations. Consequently, these cultural norms as well as the stigma of
divorce or separation can complicate matters further. Additionally, one party may consider
mediation to be a sign of weakness or may not be willing to openly communicate which
significantly hampers potential for settlement.

7 Salem Advocate Bar Associa on v. Union of India, (2005) 6 SCC 344.
8 Supreme Court Media on & Concilia on Project Commi ee, Media on Training Manual of India (2016).
Furthermore, there are considerable infrastructural limitations. Many courts have established
mediation centers, but the availability of these facilities varies greatly throughout the country.
Rural areas may lack suitable mediation infrastructure as well as a trained workforce &
institutional support compared to urban areas which limits the potential of mediation to resolve
disputes.
Finally, many individuals & lawyers prefer litigation because it has a strong traditional basis
considered authoritative & legally enforceable whereas mediation is sometimes considered to
be informal & less effective. Some lawyers have a professional incentive to advocate for
litigation in lieu of mediation. This attitude therefore serves as a barrier to the widespread
acceptance of mediation as a method of resolving matrimonial disputes.
Mediation has considerable potential as a means of resolving matrimonial conflicts but there
are several challenges to its wider use such as increasing public awareness of this alternative
dispute resolution method as a viable means to resolve matrimonial disputes plus a lack of
training of mediators in India, social stigma & inadequate facilities for mediation as well as the
continuing preference to resolving disputes through the litigation process. These issues must
be addressed if mediation is to become a more effective & accessible mechanism for resolving
matrimonial disputes under the Indian legal system.
VIII. Suggestions & Reforms
One of the first & most essential reforms that need to occur to enhance the use & effectiveness
of mediation in matrimonial disputes is to create a public awareness of mediation. The general
public still doesn’t know what mediation is or the benefits of mediation in India so there needs
to be an effort made to provide legal education around mediation through multiple methods
such as national awareness campaigns & local workshops to create greater awareness of this
process as an option for individuals to choose instead of going directly to the courts. Legal
services authorities NALSA & state legal services authorities & educational institutions should
also promote mediation through participation in community outreach programs & legal aid
programs. By creating increased awareness individuals will now have this option available to
them & will be more likely to use mediation as their first choice as opposed to simply going to
court.
Another important reform would be having an established structure for training & certifying
mediators. Mediation is a unique process, & it requires both legal & non-legal skills to
successfully mediate a dispute. In India, there is currently a severe shortage of professionally
trained mediators throughout the country which in turn reduces the quality of effective dispute
resolution in this process. To solve this issue there needs to be well-organized training programs
established by judicial academies, universities & accredited mediation organizations.
St&ardized certifications & ongoing skills development for mediators will help ensure that
mediators maintain a professional attitude & that mediation continues to be an effective form
of dispute resolution in matrimonial disputes.
There is also a need to develop better mediation facilities throughout the country. While many
urban courts have established mediation centers a few rural & semi-rural areas have access to
such platforms. Ensuring the availability of high-quality mediation spaces in all Family Courts
& creating dedicated center’s where the mediation process can begin will improve public
access to this form of Alternative Dispute Resolution. In addition, mediators should actively
utilize the concept of pre-litigation mediation introduced under the Mediation Act, 2023. By
encouraging parties to engage in mediation before filing a case in court disputes can be resolved
more quickly. This will not only help relieve emotional anxiety but also reduce the burden on
courts.
Judges must support mediation if it is to become the predominant method for resolving disputes
between parties. If judges believe that an amicable resolution is possible in matters involving
marital issues, relationships, separation, or divorce, they should refer such disputes to
mediation at the earliest stage of proceedings. Judicial decisions in the past have already
recognized that mediation can help reduce conflict while preserving relationships between
parties. If judges continue to refer cases early & foster an environment where parties can settle
disputes amicably there will be greater acceptance & a higher success rate of mediation.
IX. Conclusion
Matrimonial disputes are not only related to the law but are also about feelings & love, family,
& life. The way matrimonial disputes are resolved in court & through other legal means is
relatively new, & the traditions behind these courts & the way litigation is h&led can create
animosity & hostility between the parties. The traditional adversarial system where parties are
forced to fight against each other increases the amount of money spent by both parties on legal
fees, prolongs disputes between the parties, creates emotional & financial stress & increases
the amount of time it takes to resolve disputes. Mediation emerged as a more appropriate &
humane way to resolve matrimonial disputes. The focus is typically on communication,
underst&ing & mutual agreement; this gives the parties the opportunity to resolve their issues
without having to go to the court & create animosity.
The legal framework for mediation in matrimonial disputes in India is being developed &
provides an alternative way of resolving matrimonial disputes. The statutes in India that govern
mediation with respect to matrimonial disputes are the Code of Civil Procedure, the Family
Courts Act, the Legal Services Authorities Act, & the Mediation Act, 2023. Each of these
provides for the legal basis of mediation with respect to matrimonial disputes & all reflect the
movement towards the promotion of mediation as a method of resolving matrimonial disputes.
The support of the judiciary & the creation of mediation centers continue to support the
promotion of mediation in matrimonial disputes. Mediation is an effective means of resolving
matrimonial disputes because it allows for quick resolution of disputes at lower costs than
litigation, & it results in relationships being maintained, especially when children are involved.
In addition, even where reconciliation is not possible, mediation assists the parties in amicable
separation & arriving at fair agreements regarding the most important issues in matrimonial
disputes such as maintenance, custody, & property.
Yet even with several benefits mediation still has many obstacles to overcome, in regards to
this. That is, raising overall awareness about the use of mediation, lack of sufficient numbers
of trained mediators, infrastructure gaps, & attitudes that prefer litigation as a means to resolve
family law disputes. Addressing these obstacles through additional awareness raising
programs, adequate mediator training, exiting the number of locations where mediation occurs,
& greater support for mediators from courts will help facilitate a greater acceptance of
mediation. If the above reforms are successfully executed, mediation could very well be the
primary method for resolving family law disputes in India. This will provide parties with a
more expedient means of obtaining justice, reduce the strain on the courts to resolve cases, &
provide the public with a legal system that ultimately promotes kindness & greater efficiency.