ipl-logo

Mediation In Family Dispute

1253 Words6 Pages

MEDIATION IN MATRIMONIAL DISPUTES
Society is dynamic and this dynamic trend has touched each and every aspects including the very core elements of it.One much element is family.Family more basically comes from Marriage or we can say that Marriage gives birth to a family.
With the fast changing Society,family has also been hit by this stroke of change.Since the late 1980’s there has been a rise of family matter disputes in the court.This increasing figure has leaded to a judicial backlog and decimating these sharp numerical figures through normal court procedures was almost imposiible.The Court required something speedy and a strong structure to solve these disputes.Marriage in our Nation is regarded as a very pure and holy bond and not a contract.Therefore …show more content…

Justice S.K Gangele in an eloquent way articulated the fine character of Mediation to solve the family disputes-“It is a private and confidential mechanism, unlike courts which are open to the public. Mediation provides the best platform in divorce cases as it helps parties in arriving at a settlement peacefully.”
Matrimonial disputes are quite distinct from the other types of disputes.There are various factors that are present in the matrimonial disputes which is very complex and thereby making it very different from the rest.
When we are referring a matrimonial dispute to mediation, it is different from the normal commercial and property matter disputes. The presence of factors like sentiments, emotions, social factors, responsibilities, personal duties, the mindset of the parties regarding the marriage and life in general etc makes the matrimonial disputes distinct and different from

Show More
Related

  • Sociological Imagination Is A Personal Family Issue

    1000 Words  | 4 Pages

    Introduction There are many different types of cultures in society around the world, all with their own individual accepted ways of behaviour, some cultures might be familiar and others might seem strange to us. Cultures have their own set of norms to control acceptable behaviour. If we as fellow human beings all took the initiative to understand each other’s cultures, it might not seem that strange to us anymore and it is possible that we could help others in a way that is acceptable to the society in which we live in. The aim of this essay is to discuss, using a view based on the sociological imagination, whether a unique personal family issue can be related to an issue in society.

    Read More

  • What Does Justice Mean In Terms Of The Australian Legal System

    1257 Words  | 6 Pages

    Mediation is where the two parties aim to reach a mutual resolution on the dispute with the help of a mediator. Mediation is helpful when both parties want to come to a decision without going to court as they settle the dispute themselves. Mediation does not decide on the dispute it leaves control of the outcome with the parties. Arbitration is a formal way of resolving disputes, it's set up so opposing parties present their cases to an independent third person. The arbitrator makes a decision based on hearing the case and the evidence presented to them.

    Read More

  • Cultural Relativism: Rites Of Passage

    1580 Words  | 7 Pages

    This paper will dig into the rites of passage we call marriage in the American culture, from

    Read More

  • Importance Of Family In The Odyssey

    803 Words  | 4 Pages

    “Foundation of Family” Family is the fundamental building block of all societies. It is all inclusive across generations and cultures. Based on the epic poem The Odyssey and current families today, we see that family is where we learn to love ourselves and each other, to bear one another’s burdens, to find meaning in our life and to give purpose to other’s lives, and to feel the value of being part of something greater than ourselves. Family is where we experience our biggest triumphs, deepest vulnerabilities, and where we have the greatest potential to do good.

    Read More

  • Write An Essay About The Advantages And Disadvantages Of Mediation

    1913 Words  | 8 Pages

    What is Mediation? Prior to the parties getting involved in a mediation session it is understood that the parties are in agreeance to coming together as a means to promote and to bring forward a resolution. Anything that occurs within the session is understood to be confidential and if a party in any way shape or form feels that they no longer want to continue with the process, they have every right to end everything at that point in time. Mediation is a different yet effective way to resolve problems where the parties bring about their own solution to their problem contrary to going in front of a judge or an arbitrator whom will have full control and decide on behalf of you. Mediation helps the parties involved reach a final solution through a mutual and voluntary agreement, this is exactly what makes mediation a process that should be looked into if the situation permits it.

    Read More

  • Patriarchy In Early Modern Europe

    1400 Words  | 6 Pages

    EARLY MODERN EUROPE' NOTION ABOUT WOMEN In order to understand the position of women in Early Modern Europe, firstly we need to understand the society of this period. The society took place in Early Modern Europe was the patriarchy.

    Read More

  • Marriage And Family Sociology

    1412 Words  | 6 Pages

    Divorce is categorized as the greatest threat to marriage since this occurrence is likely to destroy the quality as well as steadiness of families and children globally. Even though the divorce number has rapidly increased in the United States and globally, it is worth noting that the number of married couples and children that are growing up in complete families is also on the rise than when compared to the period of divorce revolution. Cohabitation is one of the underrated marriage threat in the modern society. This is because most individuals live together not just because they are a part of each other but mainly because they are focused on reducing their life struggles as well as raising their children (Evans,

    Read More

  • Persuasive Essay On Forced Marriage

    3094 Words  | 13 Pages

    Forwardly, the dilemma is addressed with references and happening globally. Forced Marriages are compared to Arranged marriages with the motives defined and changing of the meaning of marriage in today’s world from opposite sex to same-sex marriages. Judicial stance on this issue with the voices filed under the human rights slogan, deeming over a little on Islamic and Sharia law. The pros and cons in a society for a couple and the myths and facts hounding the families to commit a crime of honor in the name of forced marriage. GIRLS NOT BRIDES ‘Forced marriage is a means of controlling female sexuality and women’s autonomy.

    Read More

  • Social Media's Role In Divorce

    1621 Words  | 7 Pages

    The conflict theory’s focus on divorce inspects the imbalance and power dynamics that are held within a society that can trickle down to individuals and their marital relationships. A society that is constantly in a state of battling and oppressing for distribution of limited resources plays a role in each and every divorce. Divorces are offered at a costly price, and the distributions of the assets between the two can often cause even more strife among couples feeling deeply saddened and/or resentful. Unrealistic expectations as well as underlying unresolved issues in individuals also play a role in divorces. America’s divorce rate averages about forty to fifty percent and subsequent marriages have even higher rates of separation.

    Read More

  • Theories Of Online Dating

    884 Words  | 4 Pages

    However, these transformations have also brought freedoms and tensions as there are also high divorce rates underneath high marriage rates. The contradiction of interests among love, family and freedom has affected the perspective of relationships nowadays and hence people need to recognise their priority of personal

    Read More

  • Reflective Essay On Mediation

    1566 Words  | 7 Pages

    Overall, I recognized that mediation is a much better choice than adjudication (Bishop, p. 38). Mediation not only restores relationships but it settles disputes and facilitates understanding, learning and growth (Bishop, p. 6). Additionally, the in class mediation made me realize that mediation is not linear. In a mediation, the mediator has to constantly adapt in order to move the parties closer to a solution. Furthermore, through the four in class mediations I realized that mediation could be applied to a wide variety of scenarios.

    Read More

  • The Causes And Effects Of Divorce On Children

    921 Words  | 4 Pages

    Introduction According to Cherlin (1992) a divorce is a judicial declaration of separating a husband and wife from all matrimonial obligations. Divorce cases have been rising drastically since the 1970s, when the divorce laws were eased. In the past divorce was a very rare occurrence but today it’s like the song of the day. Today marriage can be dissolved in a court of law or any other competent body.

    Read More

  • John Galtung's Theory Of Conflict Analysis

    1038 Words  | 5 Pages

    It is a particular type of third party involvement. The literature review explains the lack of agreement about the description of mediation, though Bercovitch explained an appropriate description. He explained mediation as a system of conflict management, linked to but particular from the parties' own attempts, where the conflicting parties or their representatives look the support, or accept an offer of support, from a person, group, organisation or state to modify, impact or impact their behaviour or perceptions, without resorting to physical force or appealing the legal authority”

    Read More

  • Thesis Statement On Divorce

    1033 Words  | 5 Pages

    Details : Causes of Divorce : Lack of Communication & Trust , Treason , Jealousy , Feeling constrained .. yet, This is solved through the sessions that are made by The American Academy of Matrimonial Lawyers That includes divorce, annulment, child custody and child support and this by addressing programs in school , courts and organizations to help children how to cope and go on with the stresses of divorce , teaching the siblings how to cope also and they provide counseling to children expressing domestic violence , alcohol abuse and mental illness . The National Academy meets twice every year, Each November in Chicago there are meetings, educational programs , elections

    Read More

  • Mediator Confidentiality In Mediation Communications

    995 Words  | 4 Pages

    3. Mediation Communications Mediator confidentiality for communications is essential to the success of mediation. But it is not an inviolable principle; there are certain cases where it will be encroached upon, lest in recognition of the public interest that a mediator fulfils. One way to approach this might be via a blanket rule with specific exceptions where society’s interest outweighs the interest of confidentiality. 3.1.

    Read More

More about Mediation In Family Dispute

Open Document