Mediation of Marital Disputes Before It Is Too Late: A Proposal for Premarital Contract Provisions for Mediation of Disputes Within the Intact Family and at Separation (original) (raw)
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SHS Web of Conferences, 2016
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This article presents research findings indicating that multiple issues and ongoing relationships within family disputes can improve mediation success. By concentrating on these elements, the author suggests that the presence or absence of such characteristics can contribute to the success or failure of a wide variety of mediated cases.
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In the realm of family disputes in India, traditional adversarial approaches have often exacerbated conflicts, strained relationships, and posed emotional and financial burdens on those involved. This chapter offers an in-depth exploration of the effectiveness of mediation as an alternative dispute resolution mechanism in the context of family disputes in India. Beginning with a critical examination of the shortcomings of adversarial methods, this chapter sets the stage for the emergence of mediation as a more empathetic, collaborative and relationship-preserving alternative. Further, it provides a comprehensive analysis of mediation principles and practices, highlighting its transformative potential in empowering families to actively participate in the resolution process and can effectively address issues related to marriage, divorce, child custody, property disputes, and inheritance within the Indian context. Furthermore, this chapter also explores the legal framework surrounding mediation in India, detailing relevant laws, regulations, and government initiatives aimed at promoting mediation as a preferred choice for family law disputes. It also underscores the pivotal role played by trained mediators in guiding parties towards mutually agreeable solutions. It emphasizes not only the expeditious resolution of conflicts but also the preservation of familial bonds and the promotion of social harmony.
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A decade of divorce mediation research has focused on outcomes such as settlement rates, cost eflciency, client satisfaction, effect on levels of conflict and cooperation, psychological adjustment, and compliance. Despite methodological problems limiting generalizations, most siudies report mildly favorable to very positive findings. Research on the mediation process and mediator behaviors has received very limited aitention, and should be the focus of the next decade of research to elevate the mediation field to a more sophisticated, effective level of practice.