Assessing the Efficiency of ADR Mechanisms in...

Assessing the Efficiency of ADR Mechanisms in Matrimonial Dispute Resolution: Empirical Findings

Author Name : Mohd Arif

ABSTRACT This study explores the effectiveness of Alternative Dispute Resolution (ADR) mechanisms, particularly mediation, conciliation and arbitration, in resolving matrimonial conflicts. Given the increasing strain on the judicial system and the emotional toll of traditional litigation, ADR offers a more collaborative and less adversarial approach to resolving family disputes. This research investigates the impact of ADR on matrimonial disputes by analyzing case studies, surveys, and interviews with parties involved in the ADR process, as well as legal professionals and mediators. The findings reveal that ADR offers several advantages, including faster resolution times, lower costs, and a more collaborative approach that encourages mutual agreements. Importantly, ADR helps in reducing the emotional and psychological toll on individuals, fostering better post-dispute relationships, especially when children are involved. However, the study also identifies limitations, such as the potential ineffectiveness of ADR in cases involving power imbalances, domestic violence, or intractable disputes. The research emphasizes the need for specialized training for mediators, greater awareness of ADR options, and the establishment of supportive legal frameworks to enhance its effectiveness. Overall, the study concludes that while ADR is a valuable tool for resolving matrimonial conflicts, its success hinges on the nature of the dispute, the skills of the mediator, and the willingness of both parties to collaborate toward a resolution.