From Discord to Accord: The Art of Mediation in Matrimonial Disputes

From Discord to Accord: The Art of Mediation in Matrimonial Disputes

Introduction:
Marital relationships can be complex, and disagreements are bound to arise. Fortunately,
mediation serves as a ray of hope when vows are strained and differences seem overwhelming. It
provides a path to resolution and reconciliation, paving the way for positive outcomes. In this
blog, we explore how mediation can help navigate the intricate terrain of matrimonial disputes.

Mediation- the marvel

Section 914 1 of the Family Courts Act empowers the court to make just and equitable efforts to
resolve marital disputes, and in this endeavor, Counselors can lend their expertise to aid the
Court. Here the art of mediation has a huge role to play. Srinivas Rao v. D.A. 2 Deepa19. Because
the wife had filed a false criminal complaint against him and his family, the husband requested a
divorce on the grounds of mental cruelty. The Court emphasized the merits of pre-litigation
mediation as a technique of conflict resolution and awarded the husband a divorce.

Benefits of Mediation in Family Disputes

Mediation is a way to resolve disputes between family members that encourages open
communication and understanding. Unlike litigation where each party is represented by an
attorney, mediation promotes direct interaction between the disputing family members. This
helps exchange views, concerns, and emotions leading to a better understanding of each party's
perspective. Mediators remain impartial facilitators to ensure that communication is respectful
and productive. By addressing misinterpretations and clarifying misunderstandings, mediation
helps establish a foundation of trust and empathy, paving the way for a more effective resolution.

1 The family courts act, 1984, § 914, No. 66, Acts of Parliament, 1984 (India)
2 Srinivas Rao v. D.A. AIR 2013 SC 2176,

Secondly, mediation empowers families to design their solutions, which are not always legal
based. In a litigious setting, a judge ultimately decides on the outcome of a dispute, often
imposing rigid orders that may not fully address the unique needs and circumstances of a family.
In contrast, mediation allows families to actively participate in crafting their own agreements,
tailoring solutions that are customized and viable for all involved parties. Unlike the ‘guilty party
theory’ 3 , mediation is a collaborative process that promotes a sense of ownership and
accountability, enhancing the likelihood of compliance and long-term adherence to the agreed-
upon terms.

Furthermore, mediation nurtures post-dispute relationships. Family dynamics are enduring, and
disputes can strain relationships, particularly between divorcing parents or extended family
members. Mediation strives to repair and rebuild relationships by encouraging parties to find
common ground and consider the impacts of their decisions on everyone involved. By
emphasizing mutual respect, empathy, and cooperation, mediation promotes a more amicable
environment for resolving disputes. This approach not only benefits immediate family members
but also extends to future interactions, including co-parenting, grandparent visitation, and other
familial relationships.

Additionally, mediation is cost-effective and time-efficient. Litigation can be a lengthy and
costly process characterized by escalating legal fees, court appearances, and formalities. In
contrast, mediation typically requires fewer sessions, mediated by a professional who charges a
fraction of the cost of legal representation. Moreover, mediation can be scheduled promptly,
offering rapid resolution compared to the delays and backlog in court systems. As a result,
mediation not only saves families from financial burdens but also provides them with a swift
resolution, enabling them to focus on healing and moving forward.

Limitation of Mediation

Mediation is effective but has its limitations. It may not be the best option in certain situations.
3 Wayne Jackson ‘Divorce and the Guilty Party, Christian Courier’ Christian
Courier<https://christiancourier.com/articles/divorce-and-the-guilty-party> accessed 14 January 2024.

One of the primary limitations of mediation is the power imbalance that may exist between the
parties involved. In many family disputes, there is a significant power differential between
individuals, such as in cases of domestic violence or child abuse. In such circumstances, the
victim may not feel safe or comfortable participating in mediation, fearing coercive tactics or
manipulation by the abuser. Mediation relies on the voluntary participation of all parties, and if
one party feels intimidated or pressured, the process may not be effective or fair. The power
dynamics may also prevent open communication or compromise, making it difficult to reach a
satisfactory agreement. There are often cases when the mediators adopt a sexist approach and
give unbiased judgments 4 .

Another limitation of mediation is the inability to enforce a decision or agreement reached during
the process. Unlike a court judgment or settlement, a mediated agreement is not legally binding.
Although parties will usually sign an agreement outlining the terms they have agreed upon, there
is no guarantee that either party will adhere to it after the mediation process is over. This lack of
enforceability can undermine the effectiveness of mediation, especially in cases where one party
may ultimately renege on their commitment or refuse to comply with the agreed terms.

Mediators may not be enough for complex family disputes that require legal, financial, or
psychological expertise. In such cases, legal professionals, financial advisors, or therapists may
have to be involved to ensure a fair and comprehensive resolution.
Mediation can be limited when parties have deep-seated animosity and are unable or unwilling to
engage in respectful communication. In such cases, alternative methods such as arbitration or
litigation may be necessary for dispute resolution.

Conclusion

In conclusion, while mediation is a widely recognized and effective method for resolving family
disputes, it is not without its limitations. The power imbalance between parties, the lack of

4 Bano, Samia, editor. Gender and Justice in Family Law Disputes: Women, Mediation, and Religious Arbitration.
Brandeis University Press, 2017. JSTOR, https://doi.org/10.2307/j.ctv102bhb9. Accessed 14 Jan. 2024.

enforceability of agreements, complex legal and financial dynamics, and extreme adversarial
behavior are some of the factors that can hinder the success of mediation. Recognizing these
limitations is crucial to ensure that families in conflict seek the most appropriate form of dispute
resolution to achieve a fair and satisfactory outcome.