The Ways of Mediation in Matrimonial Matters
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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.
CONCLUSION
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.
