The Effectiveness of Alternative Dispute Resolution in Family Disputes in India

This study critically evaluates the role and effectiveness of Alternative Dispute Resolution (ADR) mechanisms in addressing family law disputes in India. As the formal judicial system struggles with overwhelming case backlogs and prolonged litigation, ADR— particularly mediation and conciliation—emerges as a viable, humane, and efficient alternative, especially suited to the sensitive nature of family conflicts such as divorce, custody, and maintenance. The research explores the legal framework governing ADR in India, including the Family Courts Act, Section 89 of the CPC, and the Hindu Marriage Act, along with the contribution of court-annexed mediation centers, NGOs, and the Mediation Bill, 2023. Through doctrinal analysis, case law review, and secondary empirical data, the dissertation assesses ADR’s strengths—like confidentiality, emotional sensitivity, and voluntary compliance—while identifying challenges such as uneven implementation, lack of trained mediators, cultural resistance, and power imbalances. The study also draws insights from international ADR practices and proposes legal and structural reforms to enhance the accessibility, fairness, and effectiveness of ADR mechanisms in the Indian family justice system. Ultimately, the dissertation posits that ADR, when properly institutionalized and sensitively applied, has the potential to transform the resolution of family disputes by prioritizing compassion, dignity, etc.