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.

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