ADR in Family Disputes, Types and Legal Provisions In India

ADR in Family Disputes refers to the use of Alternative Dispute Resolution methods to resolve disagreements within a family. The settlements can be done without the interference of the court. Family disputes are considered emotional things. Court intervention may affect the harmony and relationship among the family members. 

ADR provides a private, cooperative, and faster way to resolve. The goal of using ADR in Family Disputes is to preserve relationships where possible. It aims to empower family members to make their own decisions. It is an encouraged method for matters like divorce, child custody, maintenance, and property division.

Types of ADR in Family Disputes

Many methods of ADR in family disputes are applied to solve the problems. It could be meditation, conciliation, and arbitration. These types of ADR in family disputes can help to solve the issues. 

• Mediation: Mediation is a voluntary process. A neutral third person, called the mediator, helps the parties. The mediator does not make a decision. They facilitate communication between the family members. They help the parties explore options and find common ground. The focus is on mutual agreement. Mediation gives the parties control over the outcome.

• Conciliation: Conciliation is similar to mediation. It is slightly more formal in some legal contexts. The conciliator actively offers suggestions for settlement. They may draft the terms of the agreement. It helps the parties reach an amicable solution. This method is often used in disputes handled by Family Courts.

• Arbitration: Arbitration is a more formal ADR process. The parties agree to present their case to a neutral third person, the arbitrator. The arbitrator hears evidence and arguments. The arbitrator then makes a binding decision called an award. This award is legally enforceable, much like a court judgment. Arbitration is less common in family law than mediation.

• Judicial Settlement/Lok Adalat: These methods are court-annexed or government-sponsored. Lok Adalats (People's Courts) are established to settle pending or pre-litigation cases. They focus on compromise. A judge or judicial officer often facilitates the settlement. They provide a quick and free method of dispute resolution for family matters.

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Legal Provisions Governing ADR in Family Disputes

Indian Law supports the use of ADS in family disputes. Some of the legal provisions governing the ADS in family disputes have been mentioned in the Indian law. It gives opportunity to the family to resolve the issues outside the court. It can be done using arbitration, mediation, and judicial settlement. 

• Code of Civil Procedure (CPC), 1908: Section 89 of the CPC is very important. It mandates that a court must refer a case to ADR. This happens if the court finds that there are elements of a possible settlement. The listed methods include arbitration, conciliation, judicial settlement, and mediation.

• Family Courts Act, 1984: This Act specifically deals with family matters. Section 9 of the Act places a duty on the Family Court. It requires the court to make efforts for conciliation. The court should try to persuade the parties to reach an amicable settlement.

• Legal Services Authorities Act, 1987: This Act provides for the establishment of Lok Adalats. Lok Adalats are empowered to resolve family and marital disputes through compromise. Settlements reached in a Lok Adalat are final and binding.