Role of Mediator in Family Disputes

The institution of marriage and the sanctity behind it, has been historically viewed as an essential pillar of Indian culture and tradition. Marriage under Indian custom is considered as sacrament, and the society plays an integral role in regulating one’s family life. Nevertheless, the understanding of the institution of marriage and its importance in society has been constantly evolving. The principle of equality has replaced tradition and patriarchy as the guiding principle of family law and this has opened up an arena of new and profound grounds for family disputes. Owing to the importance of a ‘partnership’ in marriage, it has become socially acceptable to abandon marriages that are unequal or intolerable. Family mediation is proposed as an alternative approach to conflict resolution between couples in seeking a divorce to restore the sanctity of marriages when the differences are reconcilable. The authors aims to suggest mediation as a prudent solution in the amicable settlement of family disputes in the Indian context as it has multifaceted resolution advantages such as objectivity, due focus on the issues, neutrality, and independence. Mediation is a desirable form of Alternative Dispute Resolution as it involves space for personal development and social growth for the parties of the conflict. The study also aims to explore the way mediators address issues in mediation and how it has an impact on resolving family disputes.