POLICY AND PRACTICE OF FAMILY MEDIATION IN INDIA: A JURISPRUDENTIAL AND INSTITUTIONAL ANALYSIS IN THE POST-MEDIATION BILL ERA
AUTHOR – ARJITA DWIVEDI, DOCTORAL CANDIDATE, JIWAJI UNIVERSITY, GWALIOR
BEST CITATION – ARJITA DWIVEDI & MAMTA MISHRA, POLICY AND PRACTICE OF FAMILY MEDIATION IN INDIA: A JURISPRUDENTIAL AND INSTITUTIONAL ANALYSIS IN THE POST-MEDIATION BILL ERA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (14) OF 2025, PG. 641-647, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
Mediation in family matters represents an alternative dispute resolution mechanism aimed at resolving familial disputes through a voluntary, non-adversarial, and structured communication process facilitated by an impartial third-party, known as the mediator. This concept has gained significant prominence in India as a humane and efficient alternative to the traditionally protracted and emotionally draining litigation in family courts. The underlying principle of mediation is to facilitate mutual understanding and amicable settlement between disputing parties, which is crucial in family disputes that involve emotional, social, and relational complexities. Indian family disputes often require more than just legal remedies; they necessitate reconciliation and preservation of familial relationships, especially when children’s welfare is involved. Thus, mediation aligns well with these needs by promoting communication, cooperation, and voluntary settlement outside the courtroom. The evolution of mediation in family disputes in India can be traced back to statutory provisions such as Section 9 of the Family Courts Act, 1984, which mandates family courts to make efforts to settle disputes before proceeding to trial, institutionalizing mediation as a primary step. Additionally, Section 89 of the Code of Civil Procedure (CPC), 1908 empowers courts to refer disputes to alternate dispute resolution methods including mediation to encourage settlement and reduce litigation burden. Despite this supportive framework, mediation in family matters in India faces implementation challenges such as lack of standardized procedural guidelines, inadequate public awareness, and shortage of certified mediators. These challenges limit the full realization of mediation’s potential benefits in family law cases. This paper examines the doctrinal foundations, statutory evolution, institutional mechanisms, practical challenges, and the impact of the Mediation Act (and related policy developments) on the practice of family mediation in India.