Role of Alternate Dispute Resolution (ADR) in Resolving Family Disputes

  • Naman Bansal
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  • Naman Bansal

    Student at The NorthCap University, Gurgaon, India

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Abstract

Family disputes are complex and sensitive issues that often require a nuanced approach to resolution. Traditional litigation processes can exacerbate tensions and strain familial relationships, making it imperative to explore alternative avenues for conflict resolution. Alternative Dispute Resolution (ADR) methods have emerged as valuable mechanisms for addressing family conflicts efficiently and preserving familial bonds. In this paper, Naman Bansal , a fourth year student of law at The NorthCap University (Gurugram) examines the role of ADR in managing family disputes, including mediation, arbitration, and collaborative law. It explores the benefits of ADR, such as confidentiality, flexibility, and the empowerment of parties in decision-making. Moreover, the paper discusses the suitability of ADR techniques for various types of family conflicts, including divorce and child custody. By promoting communication, understanding, and mutually acceptable solutions, ADR offers a constructive framework for resolving family disputes while mitigating the emotional and financial toll associated with adversarial litigation. Through case laws and empirical evidence, this paper highlights the efficacy of ADR in promoting amicable resolutions and fostering post-conflict familial harmony. Ultimately, it underscores the importance of integrating ADR into family law practices to facilitate fair, efficient, and sustainable resolutions to family disputes.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 1, Page 2449 - 2460

DOI: https://doij.org/10.10000/IJLMH.116985

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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