The Ways of Mediation in Matrimonial Matters

Author: Kanika Duggal




Mediation, which is part of alternative dispute resolution mechanisms, is a way in which a third party known as a mediator helps to resolve family disputes by encouraging participants to reach a voluntary agreement. Today, mediation is used in the corporate world and in dispute resolution.

Courts that are already struggling with the growing number of cases are not in a position to handle these cases. With such a burden, some dispute resolution proves a different bet that follows. 

What is Family Mediation?

In our society, in the past, the practice was to settle disputes between family members by staying together and discussing them. At the district level, disputes were often referred to panchayats where a decision was made after hearing both sides. The mediation process also plays a similar role when family members who have disagreements can try to resolve their grievances through negotiation instead of going to court.

Mediation provides a better forum for divorce cases as it helps the parties to reach a peaceful settlement. It is a private and confidential approach, unlike the courts open to the public.

The family mediators try to help people reach an agreement they both agree on, by encouraging communication.

There are references to mediation in resolving family disputes that exist in the FamilyCourts Act, 1984, CPC, HMA, and Legal Services Authorities Act, 1987 which gives Lok Adalats a special status as it is very effective in resolving family disputes.

Types of Family Disputes

There are a number of factors that can contribute to conflicts occurring between spouses, siblings, parents, and so on.

  • ·        Divorce and divorce issues

Problems in divorce are one of the major causes of marital discord. There may be a variety of situations in which a couple decides to separate, such as work-related stress, pressure from their in-laws, child-related issues, financial instability, domestic violence, and so on. In fact, the film 'Thappad' is about a woman who is against her husband slapping him. It is a good example of what to do in the event that you fall into this trap.

  • ·    Inheritance

Who will take the place? This question is a fundamental reason for matters relating to estate and the division of property. Conflicts over property and businesses between siblings or children get into conflicts with their parents.

  • ·   Post-divorce problems

After a divorce, there are still issues that must be dealt with custody of children, financial matters, child-rearing arrangements, or any other matter.

  • ·        Being a parent

Raising children is also a major source of conflict in families. Parents argue over how children should be cared for, and sometimes it can be a major issue.

  • ·   Additional family concerns

A big united family where different people have different ideas and these small differences sometimes lead to big conflicts that are hard to resolve.

  • ·       Caring for the elderly

Often there are arguments among siblings about who should care for the elders. And if one of them is responsible for the care of the parents then the others feel that the parents are discriminating against that sibling which is an additional reason for the conflict.

Role of Mediation in Family Disputes

Mediation is the process of intervening between two parties to resolve disputes. Questions may be asked by the mediator to remove any doubts in this section so that there is a clear understanding between the two parties. The mediator holds separate times with both parties trying to resolve the dispute, proposing solutions, and basically making every effort to have peace between the parties. The mediator goes back and forth between the parties at this time, removing the disagreement, and holding the information, suggestions, and points of agreement.

(1) It promotes interest in the whole family, including children

(2) reduces the economic and emotional costs associated with resolving family disputes.

The role of the mediator in family negotiation:

1. The main function of the mediator is to help the parties to communicate and reach an agreement.

2. It is also the role of the mediator to inform the parties about the mediation process, the issues being discussed, the objective to be considered, etc.

3. The mediator must ensure that both parties are heard during the mediation process.

For example, Divorce can be initiated by any of the spouses. The main reason for this is a lack of trust, love, care, respect, cruelty, etc. so if a couple feels that something is possible they go to a chat center. Therefore, the couple is first taken to mediation and then to court. Mediators are usually appointed by the court.

Outcomes of Family Mediation

Mediation reduces the cost and the long litigation process. A neutral person helps the issue and, as a result, gets a perfect fit for both sides. Mediation is a simple and flexible process. it can save a lot of time, costs, and ensure confidentiality.

1. Mediation is usually less stressful than litigation. It allows children to see their parents cooperating even when they don't see eye to eye.

2. Mediation encourages conclusion. There is no need for any complaint or review or other claims. Chances are that it can help to improve or restore relationships.

3. It leads to better compliance as the parties themselves have agreed and signed the agreement.

4. It saves family relationships and family children from the emotional issues they may face as a result of a long court case.


The Scope of Mediation is promising in India by bringing inequitable treatment and a sense of justice to the community, mediation skills, especially impartial communication skills and influential negotiation techniques will be implemented. It also ensures the satisfaction of the parties. Also, if the parties are not satisfied there will always have another door open for them to approach the Court.