Non-Resident Indians (NRI) have reaped a huge benefit because of inclusion of mediation to resolve family law disputes in India.
In family law, mediation is a form of alternate dispute resolution in which court tries to resolve the conflict between husband and wife so that the protracted litigation can be avoided, costs incurred by both the parties may be reduced and cases may be disposed off to reduce pendency of litigation in courts. Mediation, should be treated as an important exception to the adversarial system of litigation in India in which each party contest the case against the other and seeks the relief against the other.
Courts in India have trained lawyers and have appointed them as expert mediators in family law related cases. Courts prefer that more women should act as mediators. The benefit of this is that they are able to persuade both men and women to come to a compromise. If parties are unable to reach a compromise, a mediator cannot make submissions or advice court in which litigation is pending. Therefore it is ensured that parties reach compromise on the basis of unbiased mediation.
Because of mediation in courts, pendency of family law cases in trial courts, appeals and revisions has reduced drastically.
We always advise our Non-Resident Indian (NRI) clients to opt for mediation and resort to litigation when mediation becomes impossible.