Matrimonial Dispute| “Misunderstanding On The Concept Of Mediation”: Supreme Court
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Today, On 26th June, Matrimonial disputes often face delays due to a major “misunderstanding on the concept of mediation”, the Supreme Court observed, clarifying that mediation is not about forced reunion but about enabling peaceful, voluntary resolution between estranged partners.
New Delhi: The Supreme Court noted a “misunderstanding” regarding the concept of mediation in matrimonial cases, emphasizing that it is often assumed that mediation requires the parties to remain together.
Justices K.V. Viswanathan and N. Kotiswar Singh made this comment during a transfer petition hearing.
Justice Viswanathan stated,
“In matrimonial matters, we find there is a misunderstanding on the concept of mediation,”
He added,
“The moment we say mediation, they think we are asking them to be together. We are not interested whether they are together or separate. We just want a solution to the matter. We will prefer if they are together…”
The apex court referenced the Commercial Courts Act of 2015, which addresses pre-institution mediation and settlement.
The bench noted,
“In the Commercial Courts Act also, you have to go through this process,”
Mediation in matrimonial disputes is a calm and confidential process for resolving issues between spouses, facilitated by a neutral third party called a mediator. The mediator does not favor either party or make decisions like a judge.
Instead, their role is to assist both individuals in communicating effectively, understanding each other’s perspectives, and reaching a mutually agreeable resolution.
In India, mediation is supported by law. The Family Courts Act of 1984, particularly Section 9, promotes reconciliation and settlement through mediation. Courts, including the Supreme Court, frequently recommend that couples explore mediation before moving forward with litigation. Nearly all family courts now feature mediation centers staffed by trained mediators who help resolve disputes.
