ADR IN FAMILY LAW: HOW MEDIATION BENEFITS DIVORCE AND CUSTODY CASES
AUTHORS – SUMAN SINGH* & SACHIN KUMAR**,
* STUDENT AT LAW COLLEGE DEHRADUN FACULTY OF UTTARANCHAL UNIVERSITY. EMAIL -SUMANSINGH1108@GMAIL.COM.
** ASSISTANT PROFESSOR AT LAW COLLEGE DEHRADUN FACULTY OF UTTARANCHAL. EMAIL – UNIVERSITY.SACHINKUMAR@UTTARANCHALUNIVERSITY.AC.IN
BEST CITATION – SUMAN SINGH & SACHIN KUMAR, ADR IN FAMILY LAW: HOW MEDIATION BENEFITS DIVORCE AND CUSTODY CASES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 198-203, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
“Alternative Dispute Resolution (ADR) has become an essential tool in family law, especially in divorce and child custody conflicts. Mediation has emerged as a prominent alternative dispute resolution strategy, facilitating amicable conflict resolution while alleviating the emotional and financial strain on the parties involved[1]. Mediation, in contrast to conventional litigation, provides a cooperative, non-contentious method that emphasises mutual consensus and the welfare of children.
This article examines the importance of mediation in family law, evaluating its advantages, obstacles, and legal structure across several countries. Mediation offers a systematic framework for divorcing partners to discuss matters including asset distribution, spousal support, child custody, and visitation rights with the assistance of an impartial third party. The procedure is discreet, economical, and more expedient than litigation, promoting a collaborative atmosphere that diminishes animosity between parties.
The essay examines significant legal decisions from India that have strengthened the function of mediation in familial conflicts. Cases such as K. Srinivas Rao v. D.A. Deepa (2013), Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (2010), and B.S. Joshi v. State of Haryana (2003) underscore the Indian judiciary’s promotion of mediation for the resolution of marriage disputes.
Mediation has considerable benefits; nonetheless, obstacles like power disparities, agreement enforcement, and emotional intricacies persist. The essay continues by proposing measures to enhance mediation, such as obligatory pre-litigation mediation, hybrid alternative dispute resolution models, and online dispute resolution for familial conflicts[2]. Mediation is increasingly influencing the future of family law via the development of new legal frameworks, promoting equitable and less combative outcomes.”
Keywords: Mediation, Family Law, Relationship, Alternate Dispute Resolution, Compensation, Enforceability.
[1] Mnookin, R. H., & Kornhauser, L. (1979). “Bargaining in the Shadow of the Law: The Case of Divorce.” Yale Law Journal, 88(5), 950-997.
[2] Stulberg, J. B. (2005). “Mediation, Democracy, and Cycles of Dysfunction.” Ohio State Journal on Dispute Resolution, 20(2), 247-280.