Family Mediation and Conflict Resolution: Legal Frameworks and Effectiveness
![handle is hein.journals/ijlmhs26 and id is 1631 raw text is:
International Journal of Law Management & Humanities
Family Mediation and Conflict Resolution:
Legal Frameworks and Effectiveness
SHARADA K.' AND SATHYAROOPA K.M.2
ABSTRACT
This study aims to highlight the importance of mediation as one of the most successful
approaches to family dispute resolution. It aims to discover the underlying causes of
disagreements and investigates viable solutions through various dispute resolution
procedures in marriage issues. Family mediation has numerous advantages. To solve these
issues, the law has developed mechanisms for settling matrimonial conflicts through
codifications included into several statutes as well as policies.
Furthermore, the acceptance of alternative dispute resolution (ADR) techniques such as
mediation has increased in India. A mediator is an impartial third party that helps parties
to a dispute communicate and work out a settlement that will satisfy them both. The
procedure of mediation is optional. By being less formal and adversarial than traditional
litigation, the approach seeks to resolve disputes more swiftly and cheaply. An overview of
mediation in India is provided in this paper, with a focus on its use in family disputes.
When using mediation to address marriage problems, the presence of particular
distinguishing elements that may have an impact on the mediation process must be
considered. The parties to a problem can interact with each other and reach a resolution
that is agreeable to both parties through the mediation process. This paper also examines
the need for mediation and argues why it should be favoured over litigation and other forms
of alternate dispute resolution.
Keywords: mediation, matrimonial disputes, legal framework, Alternative dispute
resolution, family dispute.
I. INTRODUCTION
Family relationships are the foundation of our social fabric, impacting our emotional well-being
and forming our identities. Marriage is the cornerstone of society, and as a critical relationship,
it is the foundation of civilization. These relationships hold immense significance in the intricate
web of human relationships, with the potential to profoundly impact the lives of those involved,
bringing profound joy and support. However, when family and matrimonial issues emerge, they
can cause significant harm to these treasured relationships. Such confrontations can have far-
1 Author is a student at Sastra University, Thirumalaisamudram, Thanjavur, India.
2 Author is a student at Sastra University, Thirumalaisamudram, Thanjavur, India.
© 2023. International Journal of Law Management & Humanities [ISSN 2581-5369]
1604
[Vol. 6 Iss 6; 1604]](ViewImageLocal?handle=hein.journals/ijlmhs26&div=140&collection=&method=preview&ext=.png&size=3)
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Family Mediation and Conflict Resolution: Legal Frameworks and Effectiveness
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