Abstract
Domestic violence continues to remain one of the least visible yet widespread forms of violence against women. In recent years, mediation has been increasingly promoted as a quicker and less adversarial approach to resolve such disputes. This paper questions that assumption by examining whether mediation actually works in domestic violence cases. This study is based on institutional data collected from DLSAs of Haryana over a six-year period from 2020 to 2025. The findings reveal a remarkable increase in mediation referrals. Yet, the success rates have dropped significantly raising concerns about its effectiveness. The findings also focus on issues such as inconsistent data management, wide variation across districts and the absence of proper safeguards within the process. The study argues that domestic violence cases cannot be treated like ordinary family disputes as they are shaped by power imbalance, fear and coercion. Although mediation may still be relevant in certain situations, its current implementation risks pushing survivors into unfair compromises. The study calls for a more careful, structured and victim-centered approach to mediation in such cases.
Keywords: Domestic Violence, Matrimonial Disputes, Mediation
INTRODUCTION
Home is considered a place of love, safety and comfort. It is where people build their dreams and find strength in their closest relationships. It is the one space where people feel truly secure after facing the outside world. However, millions of women throughout the world are living with the harsh truth that is hard to swallow but impossible to ignore. For them, home is not really a place of comfort it should be. In fact, it has become a place where fear and suffering live. In private, countless women suffer violence and abuse at the hands of the very people they call family.[1] This is neither rare nor an exception. This is a dark reality that is deeply rooted, particularly in regions like Haryana, in which patriarchal values and family pressures are cherished and shape everyday life.[2]
Domestic violence includes much more than bodily injuries. It is about manipulation, control and fear woven into everyday life and is most importantly about broken spirits. It can be in the nature of emotional control, psychological or sexual abuse or even economic pressure or most often, all at once.[3] The silence that surrounds it makes it worst. In many households, people treat it as a “private family matter,” something to be tolerated and endured quietly.[4] Women are expected to remain silent and endure whatever comes to them. They are raised with a single, suffocating message “adjust.” Adjust to husband’s anger, to his drinking, to in-laws’ insults and beatings because leaving is shameful and silence is strength. Because they are supposed to make the marriage work, no matter what. These expectations are not merely social but are also structural. In this horrifying setting, the legal system has attempted to intervene. The Protection of Women from Domestic Violence Act, passed in 2005, marked a significant advancement in India’s legislative framework and recognized domestic violence as a serious human rights violation and provided a framework for women to seek protection and support. Still, getting justice remained difficult. The whole process is emotionally exhausting as court cases continue for years and drain emotionally and financially. Many women never filed the complaint and others give up halfway because of fear, family pressure or social stigma. This is where mediation finds its relevance and enters the scene as an important ADR mechanism promoted by courts and policymakers as a softer, quicker, less expensive and less adversarial way to settle family disputes. The idea on which mediation works is simple. It focuses on dialogue and tries to find a mutually acceptable solution through communication instead of fighting in court. It is seen as a more humane solution in family matters involving child custody, maintenance or separation.[5] It works beautifully in many cases but things get complicated when violence enters the picture. Several concerns arise in such a situation. Can a woman really sit with the person who has hurt her and negotiate fairly? Can she compromise with someone who has broken her trust, her body and her spirit? Does pushing mediation in such cases end up pressuring the woman to compromise her safety just to escape the situation? Critics argue that mediation works best when both parties have equal power. In abusive relationships, that equality simply doesn’t exist.[6]The abuser often holds all the control whether it be emotionally, financially or socially.
This study attempts to answer these difficult questions through the institutional data collected from various District Legal Services Authorities (DLSAs) of Haryana for the period 2020–2025. It examines the actual functioning and efficacy of mediation in resolving domestic violence cases. By analysing trends in referrals, success rates and district-level variations, this research seeks to understand whether mediation is truly effective in resolving domestic violence cases or whether it is unsuitable for such sensitive matters.
[1]Mahadevaswamy M. and Sneha Nathawat, “Understanding Domestic Violence against Women: Causes, Consequences, and Interventions: A Comprehensive Study,” 11 The International Journal of Indian Psychology 1226–38 (2023); Priyanka Sharma and Dr Amit Kumar, “A Study of Causes and Effects of Domestic Violence in India,” 6 International Journal of Advance Research and Innovative Ideas in Education 1807–16 (2020).
[2]Priyanka Sharma and Dr Amit Kumar, “A Study of Causes and Effects of Domestic Violence in India,” 6 International Journal of Advance Research and Innovative Ideas in Education 1807–16 (2020).
[3]Ekta Soni and Rakesh Kumar Behmani, “Domestic Violence,” 4 The International Journal of Indian Psychology 19–26 (2016); Ilze Slabbert and Sulina Green, “Types of domestic violence experienced by women in abusive relationships,” 49 Social Work/Maatskaplike Werk 234–47 (2013).
[4]Myra Sun and Laurie Woods, A Mediator’s Guide to Domestic Abuse (National Center on Women and Family Law, New York, 1989).
[5]Harleen Kaur and Simranjeet Gill, “Justice beyond the Bench: The Impact of Mediation Courts on Family Law Disputes- A Study with Special Reference to District Jalandhar, Punjab,” 32 Communications on Applied Nonlinear Analysis 1562–72 (2025).
[6]Kerry Loomis, “Domestic Violence and Mediation: A Tragic Combination for Victims in California Family Court,” 35 California Western Law Review 355–70 (1999); Rene L Rimelspach, “Mediating Family Disputes in a World with Domestic Violence: How to Devise a Safe and Effective Court-Connected Mediation Program,” 17 OHIO STATE JOURNAL ON DISPUTE RESOLUTION 95–112 (2001).