Mediation And Family Dispute Resolution Mechanism: A Case Study On Clinical Legal Education

Abstract

The purpose of this research paper is to draw attention to the role of mediation in family dispute resolution as one of the most effective measures. Natures of family disputes, especially those involving children, have undergone a paradigm shift in the legal system over the last two decades. The traditional model of adjudication has been replaced by a comprehensive, progressive and multi-disciplinary family dispute resolution process as a result of this paradigm change. Research Methods, In this research paper author, has applied mix methods approach, Primary, as well as secondary data, has been exploited. The author is the senior chief counselor at Family dispute Resolution Clinic (known as FDRC) and the observation method of research has been used based on the cases resolved, parties counseled and methods applied. Secondary data has been analyzed by the researcher to analyze the current state of civil cases in various disputes, especially family disputes. Results, Indian justice dispense system is bleeding because of the over pendency of cases. Being a non-judicial process mediation is one of the most flexible and speedy methods of ADR. This research paper shows that if a matrimonial dispute is handled with the right approach at the appropriate stage, it can deliver outstanding results. FDRC is a leading
example in India with the app. 88% success rate at the pre-FIR stage. This paper talks about the concept of mediation, different steps of the mediation process adopted at FDRC, and distinguishing features of this clinic. Conclusion, In the Conclusion author, has highlighted the emergence of mediation as a path showing an alternative dispute resolution approach. Family dispute resolution Clinic is one such initiative that is setting an example of the executive (Public) and academic (Private body) synergy. Methodology, approach, process adopted in FDRC can be of keen interest for students, academicians, researchers, and society at large