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Mediation And Family Dispute Resolution Mechanism: A Case Study On Clinical
Legal Education
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DOI: 10.17051/ilkonline.2021.03.285
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Ilkogretim Online - Elementary Education Online, 2021; Vol 20 (Issue 3): pp. 2490-2505
http://ilkogretim-online.org
doi: 10.17051/ilkonline.2021.03.285
Mediation And Family Dispute Resolution Mechanism: A
Case Study On Clinical Legal Education
Dr. Ritu Gautam Assistant Professor, School of Law, Sharda University
Prof. Pradeep Kulshrestha Dean, School of Law, Sharda University
Mr. Avinash Krishan Goswami Research Scholar, School of Law, Sharda University
Abstract
The purpose of this research paper is to draw attention to the role of mediation in family
dispute resolution as one of the most effective measures. Natures of family disputes,
especially those involving children, have undergone a paradigm shift in the legal system
over the last two decades. The traditional model of adjudication has been replaced by a
comprehensive, progressive and multi-disciplinary family dispute resolution process as a
result of this paradigm change.
Research Methods, In this research paper author, has applied mix methods approach,
Primary, as well as secondary data, has been exploited. The author is the senior chief
counselor at Family dispute Resolution Clinic (known as FDRC) and the observation
method of research has been used based on the cases resolved, parties counseled and
methods applied. Secondary data has been analyzed by the researcher to analyze the
current state of civil cases in various disputes, especially family disputes.
Results, Indian justice dispense system is bleeding because of the over pendency of cases.
Being a non-judicial process mediation is one of the most flexible and speedy methods of
ADR. This research paper shows that if a matrimonial dispute is handled with the right
approach at the appropriate stage, it can deliver outstanding results. FDRC is a leading
example in India with the app. 88% success rate at the pre-FIR stage. This paper talks
about the concept of mediation, different steps of the mediation process adopted at FDRC,
and distinguishing features of this clinic.
Conclusion, In the Conclusion author, has highlighted the emergence of mediation as a path
showing an alternative dispute resolution approach. Family dispute resolution Clinic is one
such initiative that is setting an example of the executive (Public) and academic (Private
body) synergy. Methodology, approach, process adopted in FDRC can be of keen interest
for students, academicians, researchers, and society at large.
2490 | Dr. Ritu Gautam Mediation And Family Dispute Resolution Mechanism: A
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Key Words: Family dispute, FDRC, GOI, conflict, mediation, Pre-FIR
Introduction
Natures of family disputes, especially those involving children, have undergone a paradigm
shift in the legal system over the last two decades. The traditional model of adjudication
has been replaced by a comprehensive, progressive and multi-disciplinary family dispute
resolution process as a result of this paradigm change. Nowadays belief in marriage as a
life-long bond for several lives has been changed, even its significance within society has
changed drastically. The apparent fault lines in patriarchal dominant social hierarchies
have now started appearing even in suburban and rural landscapes too and divorce,
separation, are no more a taboo. Family dispute is different from other form of dispute
because of the intimate relationship, love, affection, trust and bond parties share for years.
Mediation is one of the concepts which is very deeply rooted in our Indian culture of
dispute resolution. The roots of mediation can be traced way back to the ancient Indian
legal systems, for example, the concept of “Shantidoot” before any war or battle was very
much prevalent in ancient India. If we talk about recent past then, the system known as the
“Gram Panchayats” and “Nyaya Panchayats” is popular and widely practiced in ancient
rural India. Mediation is a dynamically structured voluntary dispute resolution process
where a neutral third party helps the disputing parties in resolving the conflict between
them by using specialized communication and negotiation techniques. These techniques
are in turn designed in a manner that facilitates the process of mediation and dispute
resolution to reach an amicable solution.
The resolution of family disputes has gone through a sea change, primarily owing to
amendments and landmark judgments in family laws in last five decades. For example,
Transformation in divorce law, including grounds for divorce, marital property, child
custody, alimony and child support rules. Marriage is no more characterized as a lifelong
commitment and gender equality is now a basic tenet of the society and people especially
women are far more aware about their legal rights. In this period of pandemic and
emergency, most families witnessed marital discontent and opted for legal intervention
resulting in slugfest at family courts, who were left struggling with long delays and
ambiguous rules. Soon it was discovered that the tools of litigation were poorly suited to
handle most of the problems presented to them. Likewise, litigation is a less preferred
mode of resolution in family disputes, the reason being chances of increase in conflict or
prolonged dispute have reached to the point of saturation or complications of adversarial
structure or sometime because of children. In general, it has been observed that parties did
not want to rely on lawyers at all due to various reasons, from economic reasons, escalation
2491 | Dr. Ritu Gautam Mediation And Family Dispute Resolution Mechanism: A
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of the matter out of proportion to privacy concerns. Alternative dispute resolution comes
as a panacea for many ills and considered as effective tool for the administration of justice
in family disputes.
The development of “alternative” dispute resolution methods has been a continuing
improvement process to craft ever-more effective and efficient ways to handle conflict. In
this ongoing process, past innovations sometimes became institutionalized as a new status
quo, only to be challenged by even newer tech. Parties are increasingly prefer mediation,
arbitration, Negotiation, conciliation, and private judging. Importance of mediation has
been highlighted by Hon’ble Supreme Court of India time to time and measures like court
refereed mediation have become mandatory in family disputes. Lawyers play an important
role in the adversarial system and that’s why bar council of India has taken an appreciable
initiative by inducing Mediation as a mandatory subject for the law students, so that they
can be imparted training to develop skills as a mediator and can utilize mediation
techniques proactively.
Undoubtedly, Innovation in family law dispute resolution approach can tangibly improve
justice dispense system in India. This article establishes this claim by drawing on empirical
data about Indian family disputes and resolution approach.
Why mediation is a strategic imperative?
Pending Cases in India (including District Courts, High Courts and Supreme Court)
Total Civil Cases 1,04,00,682
Total Cases 3,90,32,650
Civil Cases More Than 1 Year Old 82,12,082(78.96%)1
Table1- Source: National data grid, 2021
According to national judicial data grid as of today there is a pendency of more than one cr.
civil cases are pending during pandemic this figure has increase with worsening situation it
is unlikely that there would be any respect in near future. This is a burgeoning problem
which government is it to find any solution. neither the number of quotes is going to
increase fortnight nor can there be some innovative mechanism which can resolve these
pending cases.
1
National data Grid, (2021, june 20). Pending cases in India
https://njdg.ecourts.gov.in/njdgnew/?p=main/pend_dashboard,
2492 | Dr. Ritu Gautam Mediation And Family Dispute Resolution Mechanism: A
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Source: National data grid, 20212
as per the National Data Grid out of 1,04,00,682 total pending civil cases approximately 9
lac. Cases are of motor accident, approximately six lac. Cases are pending of marital
disputes, more than five lac. suits are of miscellaneous civil cases and so on. figure shows
that pendency has increase drastically during COVID-19.
This is really shocking that there are more than 5.5 Lac cases which are pending from last
10 to 20 years 1.1 lac cases spending from 20 to 30 year and more than 37,000 cases
pending from last 30 years. On 19th of March 2021 Hon’ble Supreme Court of India speak
through CJI and constituted 3 judge benches for hearing a plea filed by youth Bar
Association seeking directions and guideline to provide for mandatory pre litigation
mediation across the country. Supreme Court of India ask center for considering framing of
legislature to regulate mediation. Importance and scope of mediation has been highlighted
by Supreme Court of India many times through different judgments.
2
National data Grid, (2021, june 20). Pending cases in India
https://njdg.ecourts.gov.in/njdgnew/?p=main/pend_dashboard,
2493 | Dr. Ritu Gautam Mediation And Family Dispute Resolution Mechanism: A
Case Study On Clinical Legal Education
Source: National data grid, 20213
In the landmark judgment of M.R Krishna Murthy case4, Supreme Court of India keeping in
mind huge pendency of Motor vehicle accident cases, issued recommendation to the center
to evaluate scope of establishment of Motor Accident Mediation Authority (MAMA). In its
129threport of Law Commission of India recommended that there should be compulsory
mediation before a case has been refer to court. In the case of Afcon Infratecture limited, SC
held that all matters related to trade, commerce, and consumer and based on contractual
obligation must be mediate first.5 In 2019 Consumer protection Act, has taken an step
forward by adding a dedicated chapter, referring mediation and procedure in consumer
related matters. In the Global platform International mediation agreement has given the
force of law under UN convention on mediation, In which India is also a signatory member.6
It is true that all matters cannot be mediated, but scope of mediation is not limited to
commercial disputes, motor vehicle accidental cases, tortoise liability or family dispute. We
know that COVID-19 has shaken the entire world with respect to trade, commerce,
contractual obligations, business, banking, trading, insurance etc. In such cases scope of
mediation is really wide, if cases routed through compulsory mediation process with legal
enforceability, then supreme court's burden can be reduced up to a good extent. This will
not give only win-win situation to both the parties but also will help judiciary to dispose of
3
Supra note 2
4
R Krishna Murthy v. New India insurance company limited, CIVIL APPEAL NOS. 2476-2477 OF 2019
5
Afcons Infrastructure Ltd v. Cherian Varkey Construction Co. (P) Ltd, CIVIL APPEAL NO.6000 OF 2010
6
United Nations Convention on Mediation (the Singapore Convention, 2019)
https://uncitral.un.org/en/texts/mediation/conventions/international_settlement_agreements
2494 | Dr. Ritu Gautam Mediation And Family Dispute Resolution Mechanism: A
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pending cases timely and will also establish peace and mutual understanding in society at
large.
Steps toward Mediation
1. Private Mediation
Private mediation is being conducted by qualified personnel who are working in this area
at a fixed fee basis. Any person whether a general public or court or companies can appoint
the private mediators to reach to amicable solution to their dispute through the process of
mediation. This method is generally adopted where court referred mediation is generally
not granted and the parties agree to go for the private mediation process so that the matter
can be resolved amicably. As mentioned, a fix amount of fee is involved in the process for
the mediators so that they are also motivated while doing the mediation of the disputed
parties. However, the private companies adopt this method since they don’t want to fall
into the judicial process which can last for many long years so in order to save their time
and energy; they refer for the Private mediation process.
2. Court referred Mediation
The court referred mediation is generally a part of the judicial process. Whenever a case is
pending the court generally before the settlement of issues ensures that the case is sent for
ADR i.e., mediation, arbitration and conciliation. Once such process is initiated and it is
found that in such a matter no ADR is possible then such matters are generally referred
back for the framing of issues. And if the court finds that ADR is possible then the matter is
resolved as per the procedure. In the cases of matrimonial disputes particularly divorce
cases mediation is frequently used. Section 89 of the Code of Civil Procedure, 1908 makes it
is a provision that such matter can be referred for an ADR so that the burdening of the
court can be reduced and the people are not stuck up in the judicial process. This is done to
ensure the ends of justice and also to ensure that the trust of the disputed parties is
maintained within the judiciary. Order X of Code of Civil Procedure, 1908 also lays down a
similar provision where in a proper procedure has been established under such order for
dispensing of justice.
3. Hybrid Mediation
Hybrid mediation is a combination of both, courts referred mediation and private
mediation process. Hybrid mediation can be adopted in places where court referred
mediation and private mediation both can be referred. Generally, it is used in the
complicated matters where the interventions of the court as well as private mediators are
required to solve the dispute and reach to the solution. In many cases firstly private
mediation is adopted where they see that the process is not worth adopting then court
2495 | Dr. Ritu Gautam Mediation And Family Dispute Resolution Mechanism: A
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referred mediation is also used while making this complete process as hybrid mediation.
This can be used vice versa wherein the first the matter is referred for court mediation and
later private mediation process is also adopted.
Family Dispute Resolution clinic (FDRC) Initiative
Family dispute resolution clinic (herein after referred as ‘FDRC’) is a unique initiative
started by Gautam Buddha Police in collaboration with Sharda University, Greater Noida.
To address the growing number of domestic disputes. Memorendum of Understanding
(MOU) was signed between both the parties for a period and 6 month on 9 of July 2019. 7 A
status reports has been submitted by working team after 6 month. Based on the report
findings
FDRC Overall Status Report
(10 July 2020 to 10 Jan 2021 case statics as per the office records)
Cases Reported
Cases Disposed off
Cases Under Process
Settlement signed
Complaint Withdrawn
FIR Registered
Figure 1: FDRC case status report
Case Status: July 2020 till January 2021
Cases Cases Cases Settlement Complaint FIR
Reported Disposed Under signed Withdrawn Registered
off Process
119 105 14 55 39 11
7
Millennium Post, (2020 july 9). GB Nagar Police set up Family Dispute Resolution clinic,
http://www.millenniumpost.in/delhi/gb-nagar-police-set-up-family-dispute-resolution-clinic-412240
2496 | Dr. Ritu Gautam Mediation And Family Dispute Resolution Mechanism: A
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Table 2: FDRC case status report
This research has been conducted based on cases dealt by FDRC in the tenure of six month
(from 10 July 2020 to 10 Jan2021) as per the records. In the above-mentioned period, 350
counseling sessions were conducted by the team of experts includes legal experts,
psychologist, and clinical psychiatrist to address 119 cases. As per the standard procedure
in each case maximum 3 (three) counseling sessions were given but in exceptional
conditions it could be more than that also, as per the requirement. In this short span of time
total 105 cases were concluded, and 14 cases were still in the process of Counseling. FDRC
addresses disputes related to families and most of them are martial dispute, apart from
martial dispute FDRC also addresses disputes filed by daughter, mother, senior citizen
where counseling and mediation is required. As per the Law mediation can be provided at
stage of dispute. FDRC provide mediation at a very initial stage where are yet to enter a
legal fight and that’s why scope of resolution is also wide. FDRC provides Pre-FIR
mediation with the voluntary consent of parties. According to the records out of 105
disposed cases, there were only 11 cases where parties entered into a legal battle and rest
have successfully resolve and families were saved from breaking down. FDRC has set an
example with magnificent success ratio of 88% and probe the researcher to deeply analysis
the strategies used, resources synergies and approach adopted in the success of this
venture. which reflects Innovation in dispute resolution approach can tangibly improve
resolution rate and can improve access to justice in family matters. On 10 of January, 2021
this MOU has been extended for a period of one more year8.
Process of Mediation at FDRC
8
Times of India, (2020 june 20). Complaints pour in police to start clinic to resolve couple’s dispute,
https://timesofindia.indiatimes.com/city/noida/complaints-pour-in-police-to-start-clinic-to-resolve-couples-
disputes/articleshow/76633982.cms
2497 | Dr. Ritu Gautam Mediation And Family Dispute Resolution Mechanism: A
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Chart 1: FDRC Stages and steps
Process adopted by the family dispute resolution clinic team during mediation sessions can
we broadly classify in three categories one Pre-mediation stage, second Mediation stage
and third Post mediation stage. Each stage has been further classified in different steps for
the better clarity of the process. the steps are as follows:
1. Pre-Mediation Stage: This is a stage before starting formal process of mediation this
is basically our preparatory stage where issues identified disputes classified and
solution is strategizing.
i. Case Information: In the pre-mediation stage, case information is the first step
towards mediation. In this process team take initial information of the case and
filters out the workable disputes in order to understand the nature of the
disputes. In general mediation is provided in civil disputes only but some time
in pretty offences and matrimonial offences disputes also refer for mediation.
ii. Preliminary Assessment: In the process of Preliminary assessment team
identify the kind of conflict, intensity of dispute, legal provisions applicable and
feasibility of mediation process. In FDRC this process is done by the Deputy
commissioner of Police, women and safety, Greater Noida. Other than that, cases
also being referred from different parts of U.P. Apart from those cases also
referred from National Commission for women.
iii. Scheduling Meetings: Once the dispute is estimated then the mediator
generally schedules the meetings so that the parties can actually give their time
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preference on which they are available, and a peaceful mediation process can be
adopted in order to reach to a solution. If scheduling of meeting is not properly
adopted, then it might end into Unsystematic method of mediation process. In
FDRC this process is done by Women Police team. Calling disputant on the same
platform is one of the biggest challenges.
iv. Mediation Strategy: A proper mediation strategy is to be framed after doing
the estimation and scheduling of meetings a proper robust mediation strategy is
decided by the panel so that the disputed parties can actually get the benefit of
the whole mediation process. Strategy should be such which turn out to be a
positive in approach and the dispute should not arise in future again.
v. Constitution of Panel: The constitution of the panel is also a very important
element in the pre-mediation process. The panel should consist of an expert
who are having a considerable amount of experience in their field and who can
actually give good solutions to the parties so that the parties are always in the
win-win situation. The panel should never decide one-sidedly in the favor of one
party rather it should decide in the interest of both the parties since the parties
are already stressed out and need immediate action on such disputed issues.
2. Mediation Stage: In this stage formal mediation process starts between the parties
after scheduling meeting. This stage ends when parties reach to a conclusion weather,
they want to resolve the matter amicably or start the judicial proceeding against each
other.
vi. Brief about mediation process: It is very important that every mediation
process should have proper setting up of rules so that the parties can actually
put their issues one by one before the mediator and this can only happen
with the help of proper framing of rules and also following them at the same
time while the mediation is going on. It is the duty of the mediator to ensure
that the parties adhere to the rules that have been set up so that the parties
do not face any discomfort during the mediation process.
vii. Unfolding the reasons of dispute: During the mediation process it is the job
as well as duty of the mediator to identify the disclosed and undisclosed
reasons of disputes and pen down all such issues which are there between
the parties. One by one the disclosed and the undisclosed reasons should be
discussed with the parties and the party should be motivated that they
2499 | Dr. Ritu Gautam Mediation And Family Dispute Resolution Mechanism: A
Case Study On Clinical Legal Education
should discuss the issues openly without any hesitation so that the mediation
process gives positive results in their case.
viii. Understand Both the Parties willingness: It is very important that both the
parties are willing to solve their dispute and they are not adamant on their
point. The husband and the wife both should keep all their past experiences
aside while the mediation is going on and ensure that they should look for
the future and decide accordingly in the presence of the mediator. It is very
important that the parties should have a consented opinion and the
willingness should also be visible while they are discussing their issues with
the mediator.
ix. Workable alternatives and probable solution: Itis the duty of the
mediator to explore all the probable solutions so that the parties are at the
win-win situation and all the solutions which are recommended by the
mediator should be practicable and workable so that no party faces any
hindrances while adopting those solutions. It should be in the interest of the
parties and both the parties should be placed equally while providing the
solution to the disputed parties.
x. Show them the mirror: The mediator while the mediation is going on
should ensure that the parties show the mirror and realize their mistakes
while they were living their married life. It is very important to show them
the mirror so that in future they do not adopt the same practice again and
they introspect and rectify those mistakes and live a peaceful life together.
xi. Tactical execution of unsettled terms: In many cases where the issues are
not settled or it is not possible to settle those issues at that particular point of
time so the mediator has to somehow tactfully not raise that issue. If such
issue is raised then the parties may again fall into the disputed issue and the
mediation between the parties may fail.
xii. Drafting of Settlement agreement: Once the issues are settled and the
parties are willing to live together peacefully on the agreed terms and
conditions then the mediator should proceed with the settlement agreement
and a draft should be made between the parties so that whatever the terms
2500 | Dr. Ritu Gautam Mediation And Family Dispute Resolution Mechanism: A
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and conditions are there, they are there in the written form duly signed so
that in future no such denial or refusal is made by any such party.
Post- Mediation Stage: This is the final stage of the mediation process which is
basically concerned with monitoring and follow-up. This stage is very important to rule
out the chances of future disputes and take precautionary measures:
xiii. Execution of agreement: Once the agreement between the disputed party is
made then the execution of the agreement is to be done so that the decided
terms and conditions can be adopted hence leading to a peaceful and a
smoother life together.
xiv. Post execution follow up and monitoring: Once the agreement is executed it
is very important that a proper follow-up and monitoring of the case is followed.
A proper follow-up and monitoring play a very important role in order to check
whether the parties are adhering to the agreement and their disputes & issues
which were raised by them are settled now.
It is a kind of a double check on the part of the mediator once they both agree mutually to
live together for the rest of their life. In cases where a proper follow-up and monitoring is
not followed or adopted then the problem may arise again in future leading to many other
disputes between the parties.
Distinct Features of FDRC
The phenomenal success achieved by FDRC makes it imperative to analyze and identify
the specific steps measures and factors which are instrumental in the success of this
venture.
• Preventive stage- Make or break: In any dispute initial stage the dispute is very
crucial. In this stage by a suitable approach either the family can be saved or by a
wrong step it may be broken forever. Generally, in society or in families elderly
people used to play the role of mediator and whenever any dispute arises, they will
be approached by disputant but nowadays this social scenario has been changed
because of the changing relationship equations. To be a mediator this is important
then person should be neutral and impartial in the eye of both the parties. Mediation
is possible only when both the parties have belief and trust in the mediator. In every
dispute the very first mediators areparents but due to over possessiveness of single
child or over pampering don't let them be neutral in parties are not able to rely on
them that is the reason they rush to police station immediatelyand demand strict
actions to be taken. If necessary, action is taken during this stage when a conflict is
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converting into a dispute can really help in resolution and this is where FDRC makes
a significant difference.
• Personalized strategy for each case: one of the most important distinct features in
FDRC is personalized approach towards each case and preparing unique strategy
based on case requirement. In every case there is a Case filtration process which
identify dispute of mediation and analyze the basic reason and subordinate causes
of the dispute. It helps in adopting suitable approach in every case. It is believed that
every case is different, and the nature of dispute is also different so there cannot be
any uniform procedure or a uniform remedy for all type of disputes. In FDRC first of
all nature of conflict are analyzed by the mediator weather the dispute which arose
is a social conflict, ego conflict, financial conflict or interpersonal conflict.
• Positive Environment: It is a proven fact that positivity attract positivity and
negativity attracts negativity only. In a situation when disputant already going
through legal fights and allegation & counter-allegation and in a negative mindset,
further places like police stations, courtrooms, jails create more negative impact on
once mind. In the negative frame of mind and furthermore negative environment
one cannot take a positive decision or cannot change their perspectives towards the
issue. For example, when we are happy when we want to pray, we go to temple a
place where we release all our problems due to faith and thereafter, we feel positive
towards life. Another example is when a patient who has got admitted into hospital
says that after hospitalization his health has deteriorated and he cannot recover and
badly wish to go home, which further leads to panic situation. This is due to lack of
motivation and hence take longer time in recovery. According to them after seeing
so many deaths and negativity around them they lost their hope for life. So positive
environment plays a key role in the process of mediation.
• Diverse knowledge and skill set: Panel of experts with diverse skill sets is one of
the most distinct features of FDRC. Family dispute resolution clinic constitute a
enrich panel of three members in each case. In each panel there is one legal expert,
psychologist and clinical psychologist. They analyze every case in different
parameters. we cannot judge a book by its cover similarly a dispute cannot be
judged how it looks apparently, especially when it’s matrimonial matter or a family
dispute. Such disputes are more complex in nature because of the close proximity of
both the disputants. We cannot deny the fact that here both the parties are not a
stranger but are very well known to each other. Sometimes a dispute is much
deeper than it's looks like, some dispute develops over a period of time as a result of
continuous disappointments, conflicts, lies and frustration. In FDRC panelist analyze
2502 | Dr. Ritu Gautam Mediation And Family Dispute Resolution Mechanism: A
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the dispute legally, psychologically and if needed then mental condition of parties
are also examined.
• Free Legal Aid: In this clinic free legal aid is also provided to the parties by legal
experts. Legal experts also help parties to write settlement agreement and
conditions incidental thereto. Unlike other mediation centers such as High Court
mediation center in FDIC lawyers are not allowed. It is true that lawyers are well
aware about the procedural part in complexities of law but in mediation that is not
needed as such. whether it is judges as a mediator or lawyers, after practicing law
for so long they developed a certain way of thinking and are not able to think out of
the box or from a common person's perspective. One of the mediators at FDRC said
that in every matrimonial case there is a scope of mediation till the decree of divorce
is granted and executed.
• Post Mediation follow-up: Another distinct feature of FDRC is post mediation
follow up steps taken by the police personals and mediators. Mediators during the
counseling sessions shortlist the number of cases in which follow up is needed
specially the cases related to domestic violence, alcoholism, small family conflict,
dowry demands etc. Panel identify those cases and follow up with the help of Police
personnel time to time. It helps not only to resolve the present case but also
possibility of occurrence of any such future instances or dispute. At the same time
this help gives confidence and personal mentoring to the disputants. This is one of
the unique best practices followed by FRDC team.
• Supplementary Resources: Government of India has provided many welfare
schemes for the weaker section of society specially females. Family dispute
resolution clinic not only resolves the disputes but after finding out the real reason
of dispute they try to empower parties by providing them supplementary resources
which can make them independent, empowered and confident by providing them
assistance in these welfare schemes and equipped them to refer to necessary
resources. It helps parties to live their life in a better manner and avoid future
chances of raising disputes.
Conclusion and Suggestions
COVID-19 has become a challenge not only for the health system but also for judicial
system. During pandemics number of family disputes has increase multifold. Pendency of
old cases, registration of new cases and closing down of courts due to pandemics have
strike overburden judiciary badly. Whenever any dispute arises in a family it not only
destroys the family but also affect, executive bodies, judicial system and society at large.
Family dispute resolution clinic have revolutionized the entire dispute resolution system.
2503 | Dr. Ritu Gautam Mediation And Family Dispute Resolution Mechanism: A
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It's setting a wonderful example before the system that tactful handling of a dispute in an
initial stage and can save families from disintegration process. FDRC has synergized the
public-private partnership and able to set an example how Police execution and academic
leanings can accelerate the change of resolution. FDRC is a unique initiative in India,
although this collaboration has already been recognized in many developed countries i.e
Columbia Law School, Mediation Centre, Harvard Law School, Financial dispute resolution
Centre and Alternative dispute resolution clinic, Family mediation service U.K to name few.
Mediation has emerged as paths showing alternative dispute resolution approach by
various wings of the Justice dispense system. Family dispute resolution Clinic is one such
initiative taken by UP police and Sharda University. The elements of this paradigm shift in
family conflict resolution are discussed in this research paper, as well as the opportunities
and challenges it poses for families, children, and the legal system.
This research study has been conducted based on FDRC data with 88% success rate. The
aim of this text is to suggest dispute resolution mechanism as a worthy option to address
conflicts in domestic relationships. Conclusion and suggestion can be useful for other
mediation centre, executive and legislative bodies in the field. Innovation in dispute
resolution approach can tangibly improve resolution rate and can improve access to justice
in family matters.
Functioning of marriage institution has been changed drastically so as the nature of
matrimonial disputes, now there is a need to change the approach towards dispute
resolution This research paper not only highlighted the need of mediation mechanism but
also elaborated steps to be followed during the process. Dynamic approach and unique
mythology is one of the key factors pin the success of this venture. This is the high time to
adopt alternative methods for dispute resolution, by adopting similar approach society can
be saved from family disintegration and painful separations.
References
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