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Family plays a very important role in shaping one's personality. Nowadays due to a busy lifestyle family law has been gaining importance. Marriage, divorce, adoption, child custody all fall under the category of Family Law. Various acts such as The Hindu Marriage Act, 1955, The Muslim Personal Law (Shariat) Application Act, 1937, The Special Marriage Act, 1954 are legislations made in order to regulate marriage and personal laws within the country.
Litigation necessarily does not provide us with a satisfactory result, therefore the use of Alternative Dispute Resolution techniques such as Mediation, Conciliation, Arbitration. Negotiation has been increasing. This has increased the scope and reach of justice. These ADR processes help in resolving family disputes in a much faster manner and in a much more confidential way. ADR is proved to be an amicable way of dispute settlement.
Mediation and Conciliation help us to facilitate more effective communication, thus giving the couple a chance to reconcile. It helps us to disclose facts that one would be reluctant to disclose in a room full of people. It provides a personal touch and the lack of precedents helps every case in a different manner according to the interests of the parties.
Even Section 23(2) of the Hindu Marriage Act provides promotes reconciliation. This proves that reconciliation plays an important role in any family dispute that arises. The court even provides a period of around 6 months to couples before the divorce so as to reconcile them if possible. This is done so as to avoid hasty decisions and stop the couple from making an irreparable damage to the family.
Therefore mediation and conciliation play an important role in settling family disputes as they are less time consuming and matters can be kept confidential. Many Family Courts are bein set up in India so as to promote these processes and create a family-friendly environment. Moreover, mediation and conciliation would also help in reducing the backlog of cases In the courts and would provide a suitable alternative as well.
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