Role Of Mediation As A Dispute Resolution Mechanism With Respect To Matrimonial Disputes

Among Social Institutions marriage and family are important institutions. They form the basis of society. From time immemorial, marriage is considered to be sacrament, permanent, indissoluble in Hindu mythology while in religions such as Muslims, Parsis, Christians etc marriage is nothing but is a special civil contract. With changing dimensions of society the definition of marriage has also changed from living together till death to marriage is ,while there is no rose which has no thorns but if what you hold is all thorn and no rose, better throw it away. Such an attitude of society towards marriage has not only affected the morality in society but at the same time has also flooded the Indian Judiciary with millions of pending litigations. Even for petty issues, the couples are filing cases in courts which affect the speedy justice delivery System. In order to help the Indian Courts to overcome from the nexus of pending litigations it is necess

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ary to find out an effective medium to deal not only with the issue of pending cases but simultaneously, amicably settling the issues which affect the institution of marriage as the matrimonial disputes not only affect the married couple but also the family at large. Thus resorting to Alternative Dispute Resolution forums such as Mediation is an effective solution for dealing with matrimonial dispute as Matrimonial Mediation saves precious time, energy and money of parties, apart from saving them from the harassment and hassles of a prolonged litigation . Its procedure is simple, informal and confidential and reduces worry and tension associated with litigation. It is rightly said by Joseph Grynbaum An ounce of Mediation is worth a pound of Arbitration and a ton of Litigation. Thus there are various Legislative Acts which lays down provision vis-à-vis Matrimonial Mediation and which has helped a lot in reducing the burden of pending litigations.

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