A Critical Study in ADR Mechanism in India with Reference to Court Annexed Mediation in Family Disputes

Title

A Critical Study in ADR Mechanism in India with Reference to Court Annexed Mediation in Family Disputes

Creator

Jayanthi, Bai H L

Contributor

Nair, Aradhana Satish.

Description

Mediation has been in vogue in India since time immemorial. Sadly, it is yet to evolve into a major dispute resolution mechanism. Alternative dispute resolution (ADR) mechanisms like arbitration, mediation, conciliation, courtannexed ADR, and summary jury trial would help in resolving all types of disputes, including those of a civil, commercial, industrial and family nature. newlineGenerally, ADR mechanisms would use a neutral third party that help the parties to communicate, discuss their differences and resolve the dispute. With matrimonial dispute numbers rising and the significance attaching to matrimonial bond in our country, the researcher set out to examine the country s court-annexed mediation mechanism to ascertain how the flaws, if any, that obtain in the mechanism can be addressed. It should lead the researcher to recommend a strategy for a seamless and hassle-free implementation of the relevant regulatory provisions. The researcher embarked on descriptive research, employing the survey method, in the newlinecircumstances. She collected data from primary and secondary sources for the newlinepurpose. The ensure bias minimisation and accuracy of findings, she interviewed two categories of respondents, namely, litigants numbering 100 and mediators numbering 100. She used a 4-point Likert scale to elicit the newlinerespondents replies to the queries raised in the Interview Schedule. Since the two variables used in the study were categorical and nonordinal, she used the Chi-square test to examine the relationship. The researcher s analysis of the data led her to conclude that there obtains a certain degree of lack of clarity in terms of the enforceability of the outcomes of mediation. For example, in court-annexed mediation, a settlement reached newlineby the parties is not enforceable automatically. It is unfortunately assumed in newlineour country that mediation is resorted to by litigants who do not have a strong newlinecase. It is also assumed that the litigant that chooses mediation is the one that newlineblinks first.

Source

Author's Submission

Date

2023-01-01

Publisher

Christ(Deemed to be University)

Subject

Law

Rights

Open Access

Relation

61000262

Format

PDF

Language

English

Type

PhD

Identifier

http://hdl.handle.net/10603/524362