Author(s): Burhan U Din Bashir

Abstract: Finally, this research concludes that mediation is a culturally aligned, socially sensitive and effective means for altering matrimonial disputes, especially matrimonial disputes under Hindu law which prescribes reconciliation, family unity and the moral duties of the family members in the family structure. With its characteristic collaborative, less adversarial approach, mediation deals with the emotional, the relational aspects of matrimonial disputes leading the couple to finding solutions that they can accept mutually without its ugliness which is common in litigation. Mediation also provides a practical benefit causing it to be a more economical choice for many individuals by reducing financial and emotional costs in court procedures. The research findings show that they are in place with Hindu values of conflict resolution and family harmony, and that they are empowering for the individual, particularly women, by permitting a voice in the negotiation and giving the feeling of agency over the results. However, the study also recognizes challenges, such as poor awareness and access to mediation services and sometimes resistance, based on societal expectations or personal disposition against litigation.

Pages: 114-118 | Views: 37 | Downloads: 20

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