Published Date: 06.08.2026

Mediation as an Effective Way to Resolve Family Law Disputes: The Indian Experience

Annotation

In the context of the planned reforms of Russian legislation aimed at introducing mandatory pre-trial mediation in family disputes, it is considered appropriate to examine the practices of foreign states that employ similar methods for resolving family conflicts. The article provides an analysis of the institutionalization of family mediation in India as one of the key mechanisms of alternative dispute resolution (ADR), aimed at the humanization of justice and the preservation of family relationships. The choice of this jurisdiction is determined by the specific features of the Indian mediation model, which combines the voluntary nature of the procedure with active judicial discretion in the application of conciliation procedures. The author concludes that certain elements of the Indian model could potentially be adapted into the Russian legal system.




Library

1. Bartlet, M. Mandatory mediation and the rule of law / M. Bartlet // Amicus Curiae. Series 2. 2019. Vol. 1. Iss. 1. P. 50–83.
2. Dubey, B. Legal Framework for Mediation in Family Disputes in India: Analysis of Statutes, Case Laws, and Mediation Mechanisms / B. Dubey, L. Das // International Journal of Law Management & Humanities. 2025. Vol. 8. Iss. 3. P. 4476–4489.
3. Kinhal, D. Mandatory Mediation in India — Resolving to Resolve / D. Kinhal // Indian Public Policy Review. 2020. Vol. 2. Iss. 2. P. 49–69.
4. Korsakoviene, I. Mandatory Mediation in Family Disputes — An Emerging Trend in the European Union? / I. Korsakoviene, J. Branimirova Radanova, A. Tvaronavičienė // Review of European and Comparative Law. 2023. Vol. 53. Iss. 2. P. 67–99.
5. Kothari, A. Mediation in India: A breakdown of the 2023 Act / A. Kothari, A. Mohanty // Journal of Legal Studies and Research. 2025. Vol. 11. Iss. 3. P. 59–78.
6. Matteucci, G. Mandatory mediation, The Italian experience / G. Matteucci // Revista Eletrônica de Direito Processual. 2015. Vol. 16. P. 189–210.
7. Opperman, E.W. Mediation and rule 41A: developing an appropriate courtannexed mediation framework : thesis (LLM) / E.W. Opperman. Stellenbosch University, 2023. 150 p.

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