Mediation in Matrimonial Disputes: Justice or Compromise?

Abstract

At the time of his internship at DLSA, the author had the opportunity to experience matrimonial and family mediation. The author observed whether mediation serves as a tool for securing speedy justice or acts as a tool for compromise. This article starts by discussing the framework of Mediation in India for Matrimonial Cases by analysing different statutes and further discusses whether it is a Tool of Empowerment or merely a Tool of Compromise. The article further discusses the judicial approach and case analysis, through which it examines how courts balance reconciliation with the delivery of justice, and provides a comparative analysis of the frameworks in the United Kingdom and Australia. Furthermore, the article makes some recommendations to improve mediation in India. The article concludes that although mediation is an important means of settling matrimonial and family disputes, its legitimacy will depend on our ability to ensure that settlements are fair and justice is actually delivered.