A CRITICAL ANALYSIS ON THE IMPLEMENTATION OF ALTERNATIVE DISPUTE RESOLUTION (ADR) IN FAMILY COURTS
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Abstract
Alternative Dispute Resolution (hereinafter ADR) in its most pristine form refers to resolving disputes without going to litigation. ADR was implemented in India via enactment of the Family Courts Act, 1984 to resolve family disputes (hereinafter FCA). ADR has been encouraged to resolve family disputes because of the prevailing social therapeutic problems and emotional involvement of the parties. Family Courts (hereinafter FC) were established with a view to promote conciliation regarding family disputes. This was a welcome initiative by the Indian government but has failed to remedy the fouls of the formal legal system.
FCA aches with the absence of gender justice. It doesn’t recognize the unequal status of women prevailing in the Indian society. It neglects the criminal offences committed within the institution of marriage as well. FC further suffers with indifferent counselling and conciliation, lack in qualification and orientation of judges and lack of uniform rules and procedures for implementation.
This paper critically analyses the implementation of ADR in FC with prime focus on the possible reasons which prevent its successful implementation. It discusses in detail the obstacles ADR faces in FC. The authors’ further aim to suggest reforms for the issues identified in the paper in order to utilize ADR to its maximum potential in FC.
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