Bridging Conflict and Consensus: Mediation and Alternate Dispute Resolution in Family Courts

Family disputes encompassing divorce, child custody, maintenance, matrimonial property and domestic relations are among the most emotionally charged and socially significant matters before courts. While adversarial litigation provides a structured mechanism for dispute resolution, it often prolongs conflicts, deepens relationship breakdown and adversely affects the psychological well-being of the parties, particularly children. This paper examines the role of mediation and Alternative Dispute Resolution (ADR) within the family court framework as a shift towards restorative and interest-based justice. Focusing on the Family Courts Act, 1984, Section 89 of the Code of Civil Procedure, 1908 and evolving Supreme Court jurisprudence, it critically analyses the integration of ADR mechanisms such as court-annexed mediation, Lok Adalats and conciliation in matrimonial disputes. The paper also highlights challenges including power imbalances, inadequate mediator training and cultural resistance to ADR. It proposes legislative and institutional reforms, including compulsory pre-litigation mediation, specialised family mediator certification and gender-sensitive ADR protocols. The study argues that strengthening ADR within family courts can reduce pendency, preserve family relationships and promote a more humane and effective system of family justice.