The Concept of Mediation
Litigation and Court Proceedings have always been the de jure king of family settlements in both Hindu as well as Muslim law but penetration of Mediation, Conciliation, Negotiation and Arbitration is now emerging as an alternative for such dispute settlement.
Mediation is one such branch of Alternative Dispute Resolution which is evidently an effective remedy since it focuses on a non-coercive consensual process.
According to the definition of Mediation, it is a process in which a neutral third party acts as a mediator and facilitates negotiation between two disputants and tries to make them understand each other’s point of view. This kind of dispute settlement is eventually a time-saving process and also diminishes acrimony in relationships.
benefits of mediation
Mediation is a tool which is voluntary, affordable and non-binding.
People generally confuse mediation with arbitration whereas mediation is totally a different concept. In court-related cases, mediators are provided by the court itself so it is evidently a legal procedure.
It is an unbiased process as mediators have no prior information about the parties.
Many people while filing for divorce move towards the litigation process because they want to punish their spouse for humiliating them in whatsoever manner.1 That’s why divorce through litigation is very harsh and expensive as it separates the parties through the judicial process whereas mediation is the most inexpensive alternative for couples to resolve their issues.
Phases of Matrimonial Disputes
1. Ignorance: Couples who are recently hitched and haven’t figured out how to effectively resolve their disparities attempt to settle things by staying away from a showdown. They attempt to maintain a strategic distance from the issue and never talk about it. This example continues for quite a while, and in the long run, the demeanour starts to move towards the following stage.
2. A statement of Demands: After a significant period, couples understand that this frame of mind has added to their wretchedness and all of a sudden start requesting the satisfaction of their needs. They start voicing their considerations and conclusions at each chance. Yet, shockingly, this stage doesn’t work either and makes further struggle among the couple.
3. Compromising and Negotiating: As the couple starts to confront different weights and requests because of the idea of a conjugal relationship, for example, time the board pressures, boisterous calendars, worry from their child-rearing obligations, money-related weights, and so on it constrains them to arrange and settle. Thus, they likewise start to scrutinize their similarity.
4. Resignation: It is normal to feel depleted because of such unending clashes, and furthermore feel sad about settling these contentions. It is at this phase that couples want to go for master marriage direction, or as the direst outcome imaginable, look for some lawful cure.
Reasons for Matrimonial Disputes
The absolute most pervasive explanations behind Divorce in India are –
1. Unfaithfulness: Infidelity is engaged with around one separation out of five. In any case, in the event that there is another man or lady in an accomplice’s life, at that point he/she isn’t in a submitted relationship, and there is an issue with the marriage.
2. Aggressive behaviour at home: Domestic viciousness is an example of rough and unwanted conduct (both physical and mental) of one individual from the family towards another. This makes undesirable pressure on the connections of couples in the family.
3. Control: Exerting pointless Control and needing to “complete things your way” isn’t a sex-explicit conjugal issue. It is one that can execute a marriage.
4. Funds: If one life partner is a high-roller and another is a saver, clashes will undoubtedly emerge. Diverse budgetary methodologies and ways of thinking can cause strife in a marriage.
5. Absence of Commitment: Sometimes, men neglect to build up a solid feeling of responsibility and truthfulness towards their marriage and companion. The purposes behind this inadequacy may change from individual to individual. Such a demeanour definitely weakens the conjugal union and may come full circle in the conjugal clash. (2)2
6. Absence of Communication: In the present occupied social and expert arrangement, mates seldom get plentiful time to speak with one another. Individuals regularly neglect to monitor their conjugal life, and a feeling of disappointment creeps into their marriage. Ordinarily, such passion and mental pessimism may prompt a man to look for separation.
Mediation as a Concluding Solution
Mediation is a branch of Alternative Dispute Resolution where disputants get an unbiased mediator to solve their specific dispute. It may require more than one mediator to enable them to land at a commonly adequate understanding.
Various individuals have various needs. One’s passionate or social issues are best dealt with by emotional wellness and legal knowledge of middle people. Monetary issues are best managed by uniquely prepared mediators. This procedure adequately empowers a couple to have what may be known as a fruitful or positive separation.
India is rich with pending cases and family disputes are something which needs to be resolved quickly mediation is undoubtedly an alternative for solving such disputes inexpensively, fairly, legally and more efficiently.
by Khushi Shukla
Disclaimer: The opinions expressed within this article are the personal opinions of the author. The facts and opinions in the article do not reflect the views of Adjuva Legal and Adjuva Legal does not assume any responsibility or liability for the same.
- Aviva Jogani, Mediation of matrimonial disputes in India — Domestic Violence cases: To mediate or not to mediate, SCCOnline, (2018)
- Sneha Singh, How mediation functions in family law disputes, IPleaders, 2020