ABSTRACT: Family disputes may be extremely upsetting, particularly if they persist a long time. They can cause emotional upheaval and have a long-term effect on the wellbeing of those involved. These problems are frequently made worse by the combative and protracted nature of the traditional court system, which leaves families feeling helpless and overwhelmed. On the other hand, mediation provides a more adaptable, cooperative, and long-lasting strategy that prioritizes dialogue, understanding, and compromise.
This study investigates the relationship between mediation models and the family court system, looking at how these frameworks interact and affect how family conflicts are settled. The study aims to assess the benefits, drawbacks, and suitability of different mediation models in the context of family law by conducting a thorough and comparative investigation of current practices and expert opinions.
Introduction: Conflicts between them are nevertheless surprisingly widespread, even in a nation like India where the family is seen as the foundation of society and customs and familial bonds are closely observed and woven. Members’ relationships are frequently strained as a result of being set against one another in court battles over a variety of matters, including property, inheritance, divorce, and child custody lawsuits, regardless of their social or financial standing.
These problems are frequently made worse by the traditional litigation procedures used in family courts, which result in drawn-out arguments and psychological suffering. Additionally, the drawn-out judicial process can exacerbate disputes, creating extra complications and a lasting inability to reach amicable family agreements, frequently resulting in the loss of relationships. Furthermore, the emotional and relational dimensions of the family dispute may not always be covered by the formal legal system.
The use of Alternate Dispute Resolution (ADR) techniques, particularly mediation, to settle family disputes has become increasingly popular in recent years. The results of mediation offer a more humane and accommodating approach, enabling open conversation between the parties and the pursuit of more cooperative solutions. By encouraging understanding and collaboration, this technique not only lessens the load on the courts but also preserves family ties. This paper’s primary goal is to identify different ways to lessen court overcrowding, alleviate financial and emotional strains, and give families in conflict more favorable and cooperative resolutions.