SC judge advises wider use of mediation in family feuds, Pg9

Key Highlights:

• Supreme Court Justice B.V. Nagarathna advocated for increased use of Alternative Dispute Resolution (ADR) mechanisms, such as mediation and conciliation, in family disputes.
• She emphasized that ADR offers faster, more private, and less adversarial outcomes compared to traditional court litigation, helping to preserve familial bonds.
• The call was made during the Eastern Zone Regional Conference on 'ADR versus Adjudication in Family Disputes' held in Guwahati.
• As of October 2024, India had 822 functioning family courts, with states like Bihar, Odisha, Jharkhand, Assam, and Tripura reporting significant backlogs in family cases.
• Justice Nagarathna, who chairs the Committee for Family Court Matters, Supreme Court of India, highlighted that prolonged court battles often lead to the deterioration of family relationships and exacerbate existing inequalities.

Detailed Insights:

• Justice Nagarathna clarified that ADR mechanisms are intended to complement, not compete with, the judicial system, by offering speed, privacy, and confidentiality.
• She recommended "consolidated referral" for cases involving overlapping issues like domestic violence and elder welfare, directing related proceedings to a single mediator with unified judicial oversight.
• The judge proposed promoting pre-litigation mediation under Section 5 of the Mediation Act, 2023, and scheduling conciliation at the initial hearing of contested divorce and restitution petitions.
• The Family Courts Act, 1984, established specialized courts to deal with family and matrimonial disputes, aiming for conciliation and speedy justice.
• The Protection of Women from Domestic Violence Act, 2005, provides legal safeguards against various forms of domestic abuse.
• The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, addresses the welfare and protection of elderly individuals.

Key Concepts Involved:

• Alternative Dispute Resolution (ADR): A range of non-adversarial methods like mediation, conciliation, and arbitration used to resolve disputes outside traditional courts.
• Mediation: A voluntary process where a neutral third party facilitates communication and negotiation between disputing parties to help them reach a mutually acceptable agreement.
• Conciliation: A process where a neutral third party assists in dispute resolution by exploring options and suggesting solutions, which become binding only if accepted by the parties.
• Family Courts Act, 1984: Indian legislation that established specialized courts to promote conciliation and ensure speedy settlement of disputes related to marriage and family matters.
• Mediation Act, 2023: A recent Indian law providing a statutory framework for mediation, including provisions for pre-litigation mediation in civil and commercial disputes.