ABSTRACT

This research project aims at analysing mediation as means of dispute resolution in family
matters. In a country like India, the priority in cases of disputes where the subject matter relates
to family is preservation of relationships. Family matters may include divorce, child custody,
maintenance, partition disputes, dispute related to wills etc. In child custody cases if the parties
approach the court, dragging the child to Court periodically is detrimental to his or her mental
health.

In the light of this background, this research shall focus on the need of mediation in family
disputes and the effectiveness of the same in Indian scenario. This paper shall also summarise
the mediation procedures and the existing laws mandating mediation for family dispute
resolution. In India. Further, the project shall attempt to highlight the assistance that such ADRs
has provided in U.K., whose law relating to ADRs is considered to be developed. On that
backdrop, this paper shall also aim to suggest certain recommendations to Indian laws in order
to develop the concept of mediation in India.

Key words: Mediation, Family dispute, Effectiveness