A Study Uncovers the Root Causes of Marital Discord and the Effectiveness of Mediation in Resolving Such Conflicts

Publication Information

Book Title: Marriages and Divorces in Indian Society
ISBN: 978-81-956533-4-8
Author(s): Dr. Ritu Gautam
Published On: 22/07/2023
First Page: 84
Last Page: 99
Publisher: The Law Brigade Publisher

DOI: https://doi.org/10.55662/book.2023MDIS.007

Cite this Article

Dr. Ritu Gautam, A Study Uncovers the Root Causes of Marital Discord and the Effectiveness of Mediation in Resolving Such Conflicts, 84-99, Published on 22/07/2023, https://doi.org/10.55662/book.2023MDIS.007 Available at https://books.thelawbrigade.com/marriage-and-divorces/a-study-uncovers-the-root-causes-of-marital-discord-and-the-effectiveness-of-mediation-in-resolving-such-conflicts/

 

Abstract

In India, the institution of marriage is undergoing a paradigm shift and is afflicted with prevalence of domestic discord. Domestic dispute is no longer just an occurrence; it has become an ongoing epidemic.  There is a paradigm shift towards making marital decisions based on temporary liking or initial attraction without giving serious considerations to personal, financial or social compatibility, This often results in situations where the couples do not get family guidance or mediation facilitated by elders or society. Even in arranged marriages also the disputing couples do not tend to appreciate the importance of mediation by family or social groups in resolving conflicts and resort to dissolution of marriage. Thus divorce is growing more common in both love marriages and arranged marriages. This study report seeks to identify the primary causes of divorce among Indian couples.

As a result of this paradigm shift, the conventional model of adjudication has given way to a more inclusive, interdisciplinary, and forward-thinking family dispute resolution regime. It has also influenced the approach to family law and how litigating families interact with the legal system. This research study discusses the features of this paradigm shift in family dispute resolution, as well as the potential problems it presents for families, children, and the legal system. This research paper is discussing different mediation approaches in family dispute resolution. This study is based on interviews with 50 disagreeing couples. Conclusion and recommendations may be valuable for other mediation centers, executive and legislative authorities, and other stakeholders in the sector. In India, innovation in dispute resolution approaches can tangibly boost resolution rates and access to justice.

Keywords: Marital Discord, Disputes, Mediation, Divorce, Institution of marriage, paradigm shift, domestic discord, domestic dispute, epidemic, marital decisions, personal compatibility, financial compatibility, social compatibility, family guidance, mediation, elders, society, arranged marriages, divorce, love marriages, primary causes of divorce, family dispute resolution, adjudication, interdisciplinary, forward-thinking, family law, litigating families, legal system, mediation approaches, disagreeing couples,

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