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Unit 8 Mediation in Family Disputes

1. List various disputes that can be included in family or matrimonial disputes. 

Family & Matrimonial disputes include: 

• Prenuptial / Premarital agreements, 

• Financial or budget disagreements, 

• Separation, 

• Divorce, 

• Financial distribution and spousal support (alimony), 

• Parenting plans (child custody and visitation), 

• Eldercare issue, 

• Family businesses, 

• Adult sibling conflicts, 

• Disputes between parents and adult children, 

• Estate dispute, and 

• Medical ethics and end-of-life issues.

2. What are the factors which characterise family and matrimonial disputes?

These factors are motivation, sentiments, social compulsions, personal liabilities and responsibilities of the parties. 

3. List some of the causes of family matrimonial disputes. 

Following are some of the causes of family and matrimonial disputes: 

i) Perception of ego, 

ii) Behavioural disorder, 

iii) Psychological causes, 

iv) Situational causes, 

v) High expectations, 

vi) Medical grounds, and 

vii) Certain typical issues. 

3. Define mediation and its historical background. 

Mediation is a process of assisted interaction used to resolve issues between people. A mediator, with experience in conflict resolution, facilitates communication between the disputing parties, remaining impartial throughout the process. The mediator guides discussions, helps identify the core issues, and encourages the parties to find a solution together. The premise of mediation is that each person understands the problem and can work towards a compromise. The mediator doesn't impose a decision but acts as a neutral facilitator.

Mediation has a long history. The Romans used several terms for mediators, including internuncios, medium intercessor, philantropus, interpolarator, conciliator, and mediator. Mediation practices existed in ancient Greece and the Roman civilization. Although the practice was sometimes restricted in the Middle Ages, it has reemerged as a valuable tool for conflict resolution in modern times, especially in family and legal contexts.

4. What is family and matrimonial mediation? 

Family and matrimonial mediation is a process where a mediator helps family members resolve disputes and reach a voluntary agreement. It is a form of alternative dispute resolution that focuses on finding mutually acceptable solutions. Mediation prioritises the interests of the entire family, including the well-being of children.

Mediation is particularly relevant in matrimonial cases, which often involve complex emotional and social factors. The mediator acts as a counsellor and conciliator, helping couples navigate issues.

5. Explain the management and strategies of family and matrimonial mediation. 

1. Probing of facts; 

2. Identifying the real cause of dispute; 

3. Exploration of possibilities of reconciliation or divorce; 

4. Bring the parties to an agreed solution; and 

5. Shaping the solution in the legal formats. 

Important Points

i) The Romans called mediators by a variety of names like internucios, medium intercessor, philantropus, interpreters, conciliator, inter locators, interprets and mediators. 

ii) India is now turned to alternative dispute resolution mechanisms

iii) Family and matrimonial mediation is a process in which a mediator facilitates the resolution of family disputes by bringing the participants to voluntary agreement. 

iv) Section 23 of the Hindu Marriage Act, 1955 focus s on judge's role in attempting a reconciliation. 

v) Irrational and emotional factors also have dominant roles in creation of dispute