Abstract

Mediation has become a crucial method for settling family disputes in India, providing an alternative to confrontational litigation by prioritizing mutual agreement, secrecy, and the preservation of long-term relationships. This article offers an exhaustive examination of the legal framework regulating mediation in family conflicts in India, investigating statutory provisions, pertinent case law, and the operation of mediation procedures across several levels. The legal foundation for mediation in India is established in various statutes, notably Section 89 of the Code of Civil Procedure, 1908, the Family Courts Act, 1984, and the Legal Services Authorities Act, 1987. The Mediation Rules established by numerous High Courts and the Supreme Court have formalized mediation processes throughout the court. The recent enactment of the Mediation Act, 2023, establishes a defined and uniform framework to govern mediation procedures, offering legislative recognition, enforceability of settlement agreements, and clarity regarding mediator qualifications. The document analyses the judicial perspective that has persistently advocated for mediation in familial issues, emphasizing significant rulings such as K. Srinivas Rao v. D.A. Deepa and Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. These rulings demonstrate the courts' dedication to fostering amicable resolutions in divorce, custody, and maintenance conflicts. The study examines the function of court-annexed mediation centers, Lok Adalats, and mediation services in promoting dispute resolution. It examines practical obstacles including insufficient awareness, limited infrastructure, and opposition from legal professionals, while proposing improvements to enhance the mediation culture. This article highlights the transformative potential of mediation in providing accessible, efficient, and humane justice in family conflicts through an analysis of the interplay of laws, precedents, and mediation initiatives. It culminates with suggestions for improving institutional capacity, mediator training, and public awareness to cultivate a strong mediation ecosystem in India.

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