The Role of Mediation in Family Law Disputes
- Kriti Bhatia
- 3 days ago
- 8 min read
Authored by - Kriti Bhatia (Student, Rajiv Gandhi National University of Law)
Family courts in India are struggling with a high volume of cases. As of 2025, there are more than 16.8 million cases pending across the country.[1] These are the cases related to divorces, child custody disputes, and maintenance complaints under the Hindu Marriage Act, 1955.[2] The litigation involved in traditional court processes can extend for years. They exhaust money and damage the bond between family members. Mediation is a less harsh alternative. It enables people to resolve problems with a neutral guide. This is pretty much in line with India's way of harmony in the family. The Mediation Act, 2023, is a milestone in this journey. It offers mediation as an option before or during the court hearing. This piece of writing talks about the use of mediation in the context of family law. It lays down the steps, pros, and cons. The use of mediation in family matters was expanded significantly by the introduction of Section 89 of the Code of Civil Procedure, 1908.[3] This provision empowers the courts to refer the matters to settlement by other means. The Family Courts Act, 1984, also supports that. It looks for quick solutions that do not harm the families emotionally.[4]
Until 2023, most mediation cases were handled in courts. The new Mediation Act now provides for stages before the filing of a case.[5] The Act deals with both civil and family issues. However, it does not cover serious crimes such as domestic violence in the case of Section 498A of the Indian Penal Code, 1860.[6] The main goal is to reduce the number of cases in courts and to facilitate the recovery of the families.[7] The Supreme Court is also on board with this, in its 2013 decision, it emphasized the importance of early mediation in divorce in order to protect the children.[8] The data available lately is indicative of the progress. In 2023-2024, the number of mediation cases concerning family matters in urban courts increased by 20 percent.[9] Consequently, mediation becomes an efficient means that is accessible to ordinary households.
The Mediation Process in Indian Family Courts
The experience starts with a referral. Either the court or the parties can initiate it. According to the Mediation Act, this can happen at any time. In the case of family law, it is connected to divorce and custody petitions[10].
First of all, there is a screening procedure. The mediator evaluates whether the case is appropriate for mediation. This assessment also for the presence of any power imbalances and for safety issues. If everything is alright, the sessions are scheduled. Usually, they hold 3 to 5 meetings, each of them lasting approximately two hours[11].
The mediator, a qualified neutral, is the one who leads the talks. The parties can meet either separately or together. They express their ideas and feelings without any fear. The primary objective is to identify needs instead of blaming. In the case of custody, the child's welfare is the major criterion according to the Guardians and Wards Act, 1890[12].
One of the instances has the court making this point obvious. In K. Srinivas Rao v. D.A. Deepa case, a husband and a wife were at loggerheads over divorce and child care issues. The Supreme Court ordered mediation first. The mediator assisted the parties in formulating a joint plan. This kept the child's continuation of the routine unchanged[13]. The court opined that it reduces the emotional suffering of the parties. The 2023 Act introduces remote facilitation by using online tools. This is helpful in areas that are geographically distant.
If the parties agree, their meeting ends with signing a paper. This is a binding agreement similar to a court decree under Section 27 of the Act[14]. Otherwise, the matter goes back to the court for hearing. The content of talks is kept confidential.[15] This establishment of trust allows for protection. The stages are very much like real-life ones. Parents communicate like they did before, not as enemies. Mediators employ simple tools, such as family link charts, to find common goals[16]. The 2025 Act specifies that children over 10 years old should be heard.[17] This is done to guarantee that the decision is just. To sum up, the technique is still very brief and direct. It changes the fights into plans that can be implemented.
Key Benefits of Mediation in Family Disputes
Mediation offers real help to Indian families. It cuts time and costs. Court fights drag 3 to 5 years, whereas mediation ends in months[18]. More than 60 percent of family cases are quickly settled at the centers in Delhi[19]. Trials cost lakhs in lawyer fees, while mediation can run rather cheap, often free via aid programs[20]. Parties hold the reins, with no ruling by judges. This makes deals fit daily needs.
Take the issue of child custody. The courts may order one parent's care by rigid standards. In mediation, a plan for the time spent with each is drawn up by both. This assists co-parenting.[21] Studies indicate less controversy later over custody mediation. In Maharashtra, there was a dramatic reduction in such disputes after 2020.[22] Families stay together longer. Mutual decisions build trust. This suits the Indian family culture.[23] The Act also allows elders to contribute during local mediation.[24] Stress comes down. Courts are open and stern. Mediation places are discreet and private.[25] This helps negotiations on maintenance or property.[26] Women, at a disadvantage, negotiate more boldly. The Act's in-camera principle protects this.[27] Settlement percentages illustrate it.Bangalore reached 51.4 percent settlements in family cases by 2021. In cities, it has crossed 60 percent.[28] In Hindu Marriage Act cases, mediation reduces litigation costs by 70 percent compared to suits.[29] It is also in tune with the culture, assisting amicable solutions. Success of over 60 percent in matrimonial negotiations shows its attraction.[30] Lesser damage implies better homes. These gains make mediation a caring aid.
Challenges and Limitations in Practice
Mediation isn't a fix for everything. Some situations just aren't right for it, especially really intense ones like abuse cases[31]. The law actually prevents mediation in those situations to keep people safe. Take the Praveen Singh Ramakant Bhadauriya v. Neelam case, where the court skipped mediation in a dowry dispute[32]. They were worried about protecting the more vulnerable person. In India, power imbalances are common. Men often have more say, especially in group homes and women in villages might miss mediation because of travel or feeling ashamed[33].
Success rates are lower in rural areas, only about 30%, while Delhi sees 65%.[34] Word of mouth is slow, and people worry about losing their rights. Training for mediators is also too short. The Supreme Court wanted 250,000 guides by 2025, but we're still behind[35]. Failed mediation attempts just cause more delays, with about 31% of cases ending up back in court[36].
Traditions play a big part. Divorce brings blame, and people worry about what their families will think[37]. Online mediation helps, but tech isn't a cure-all. The law wants better checks and balances, and having more women mediators could be fair[38]. Rural areas need more support, because the differences between cities and villages make things harder[39].
There are definitely things that need to be improved. But the basic idea of mediation trying to find peace instead of just winning is still a good one.
Conclusion
Mediation is changing family law in India. The Mediation Act of 2023 puts it first. It works with the Family Courts Act and Section 89 CPC[40]. The process is simple: review, talk, agree. The good things that come from it are fast results, strong relationships, and care for children. Over 60% success shows it has potential[41]. There are problems like fairness, but adjustments can solve them.
India needs to do more: train mediators, especially in rural areas; promote it online; and add required fairness reviews[42]. Cases like Ekta Bhatnagar v. Ashutosh Bhatnagar in 2025, where mediation was used for divorce assets, build confidence[43].
Mediation should become the preferred approach to dispute resolution, as it reflects a social habit of resolving conflicts through dialogue rather than confrontation. It can often repair relationships that adversarial court processes strain or damage, allowing families to shape their own outcomes in a more respectful and collaborative manner. With appropriate institutional support and safeguards, mediation has the potential to reach households across diverse social and economic settings. As a result, it can promote a form of justice that is both fair and compassionate, without compromising legal rights or procedural integrity.
[1] Nat'l Judicial Data Grid, Pending Cases Dashboard (last updated Nov. 2025), National Judicial Data Grid.
[2] Hindu Marriage Act, No. 25, Acts of Parliament, 1955 (India).
[3] Code Civ. Pro. § 89 (India).
[4] Family Courts Act, No. 66, Acts of Parliament, 1984.
[5] The Mediation Act, No. 32, Acts of Parliament, 2023 (India).
[6] Indian Penal Code § 498A, No. 45, Acts of Parliament, 1860 (India).
[7] Devang R., Evaluating the Effectiveness of Mediation in Resolving Family Disputes in India: A Critical Analysis of Legal Frameworks, Challenges, and Future Reforms, 3 IJLSSS 253, 254 (2025).
[8] K. Srinivas Rao v. D.A. Deepa, (2013) 3 S.C.C. 80, 85 (India).
[9] Mediation and Conciliation Project Comm., Annual Report 2023-24 12 (Supreme Court of India 2024).
[10] Mediation Act § 6 (India).
[11] Kamakshi Puri, Mediation in Family Law Disputes in India, Jindal Glob. U. Mapping ADR (Apr. 17, 2024), https://jgu.edu.in/mappingADR/mediation-in-family-law-disputes-in-india/.
[12] Guardians and Wards Act, No. 8, Acts of Parliament, 1890 (India).
[13] K. Srinivas Rao, (2013) 3 S.C.C. at 86.
[14] Mediation Act § 27.
[15] Id. § 23 (confidentiality).
[16] See Puri, supra note 11.
[17] Mediation Rules, 2024, Gazette of India (notified Mar. 2025).
[18] See R., supra note 7, at 257.
[19] Id. at 256 (Delhi data).
[20] See Nat'l Legal Servs. Auth., Legal Aid Handbook 45 (2024).
[21] See R., supra note 7, at 258.
[22] Id.
[23] See Vintage Legal, How Mediation Helps Resolve Marital Disputes in India (May 15, 2025), How Mediation Helps Resolve Marital Disputes in India.
[24] Mediation Act § 9 (community involvement).
[25]See LawSpot, Why Mediation is the Smart Choice for Resolving Family Disputes in India (June 9, 2025), Why Mediation is the Smart Choice for Resolving Family Disputes in India.
[26] Id.
[27] Mediation Act § 23.
[28] R., supra note 7, at 256.
[29] See Civil L.J., The Efficacy of Mediation in Matrimonial Cases: A Social Legal Study 4-2-27, 30 (2025), The efficacy of mediation in matrimonial cases: A social legal study with special reference to Hindu law.
[30] See Ananya Bhattacharya, Fixing Family Feuds: Evaluating Mediation in Matrimonial Disputes in India, LHSS Collective (Mar. 10, 2025), Fixing Family Feuds: Evaluating Mediation In Matrimonial Disputes In India - LHSS Collective.
[31] Mediation Act § 5 (exclusions).
[32] Praveen Singh Ramakant Bhadauriya v. Neelam, Mat. App. (F.C.) No. 12 of 2018 (Delhi High Court 2019) (India).
[33] See Sunil Chauhan, Legal Needs in Rural India: Challenges & Response of Legal Aid 5 (Harv. L. Sch. Conference Paper 2023), Legal Needs in Rural India: Challenges & Response of Legal Aid Authorities Sunil Chauhan.
[34] R., supra note 7, at 259.
[35] Supreme Court of India, Guidelines on Mediator Training (2025).
[36] R., supra note 7, at 257.
[37] Via Mediation Ctr., Mediation in India: Navigating Family Conflict Resolution and Legal Reforms, Mediation in India: Navigating Family Conflict Resolution and Legal Reforms.
[38] ResearchGate, Mediation and Lok Adalat: An Examination of Challenges and Issues 1 (Sept. 29, 2025), (PDF) MEDIATION AND LOK ADALAT: AN EXAMINATION OF CHALLENGES AND ISSUES.
[39] Adv. Dharmendra Assocs., How to Handle Family Disputes Over Property: A Legal Guide (July 28, 2025), How to Handle Family Disputes Over Property: A Legal Guide.
[40] Doon L. Mentor, Alternate Dispute Resolution under Section 89 CPC: A 2025 Perspective (May 1, 2025), Alternate Dispute Resolution under Section 89 CPC: A 2025 Perspective - Doon Law Mentor.
[41] LawSpot, supra note 25.
[42] Min. of L. & Just., Report on Pre-Litigation Mediation 15 (2025).
[43] Ekta Bhatnagar v. Ashutosh Bhatnagar, Transfer Pet. (C) No. 3237 of 2025 (S.C. India July 24, 2025).
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