Mediation has become an increasingly popular alternative dispute resolution mechanism in India, particularly in family matters. Mediation is a process of facilitated negotiation where a neutral third party helps the disputing parties to reach a mutually acceptable resolution to their dispute. The Indian judiciary has made significant efforts to promote mediation in family matters, but despite these efforts, mediation has not been as successful as one would hope. In this blog post, we will explore the causes of the failure of mediation in family matters in India, despite the efforts of courts.
Lack of Awareness
One of the primary reasons for the failure of mediation in family matters is the lack of awareness among the general public. Many people are not aware of the benefits of mediation and are not familiar with the process. This lack of awareness makes it difficult for people to trust the process and to be willing to participate in it. Despite the efforts of courts to promote mediation, there is still a significant lack of awareness about the process among the general public.
Lack of Trained Mediators
Another reason for the failure of mediation in family matters is the lack of trained mediators. Mediation is a complex process that requires specialized skills and training. While there are some trained mediators in India, there is a significant shortage of mediators with the necessary skills and experience to handle family matters. This shortage makes it difficult to provide effective mediation services to the public.
Lack of Enforcement Mechanisms
Another reason for the failure of mediation in family matters is the lack of enforcement mechanisms. Mediation agreements are not legally binding, and there is no mechanism to enforce the terms of the agreement. This lack of enforcement makes it difficult for parties to trust the process and to be willing to participate in it.
Cultural Barriers
Another reason for the failure of mediation in family matters is cultural barriers. In many Indian families, disputes are seen as private matters that should be resolved within the family. This cultural norm makes it difficult for parties to be willing to participate in mediation, as they may view it as an intrusion into their private affairs.
Conclusion
Mediation has the potential to be a powerful tool in resolving family disputes in India. However, despite the efforts of courts to promote mediation, it has not been as successful as one would hope. The causes of the failure of mediation in family matters in India are varied, including lack of awareness, lack of trained mediators, lack of enforcement mechanisms, and cultural barriers. Addressing these issues will require a sustained effort by all stakeholders in the mediation process, including the courts, mediators, and the general public. By working together, we can help to make mediation a more effective tool for resolving family disputes in India.