Counselling and Mediation in Matrimonial Disputes

Counselling and Mediation in matrimonial disputes hold significant relevance in the Indian legal context, offering an alternative pathway to resolve conflicts arising within marriages.

Introduction

• Understanding counselling and mediation requires delving into their core principles and their application within the framework of Indian laws. Counselling and mediation in matrimonial disputes often help resolve marital conflicts outside of court without the need for litigation.
• Providing clients with advice on their legal rights and obligations is a key aspect of legal counselling. Legal counselling in matrimonial disputes encompasses areas such as divorce, child custody, and any issue arising from marital commitments. It is a pre-mediation stage where parties are willing to resolve their conflicts in an amicable manner.
• Mediation in matrimonial disputes refers to the process of resolving conflicts between spouses, securing both interests without making serious allegations against each other, and thereby avoiding the time and expense of courtroom battles.
• Mediation is a structured form of 'Alternative Dispute Resolution' (ADR) wherein a neutral third-party mediator facilitates communication between spouses to reach a mutually agreeable resolution concerning their marital issues. Counselling plays an important role in fostering mutual understanding and cultivating a healthy relationship at the pre-litigation or early litigation stage.
• In such circumstances where litigations are already filed, counselling can help you understand the pros and cons of the legal action to be pursued and guide you toward amicable out-of-court settlements.

Adherence to Certain Principles

• Confidentiality: One of the foundational aspects of counselling and mediation is confidentiality. Discussions within the mediation process and counselling sessions are strictly private and cannot be disclosed or used against either party in subsequent legal proceedings. This confidentiality fosters an environment conducive to open and honest communication, thereby enhancing the prospects of reaching an amicable settlement.
• Voluntariness: Participation in counselling and mediation is entirely voluntary and dependent on the consent of both parties. Unlike court proceedings, where attendance may be compelled, mediation empowers individuals to actively engage in the resolution process of their own free will. This voluntary aspect is crucial in ensuring that the parties approach the mediation with a genuine willingness to collaborate and explore solutions.
• Interest-Based Approach: Counselling and mediation in matrimonial disputes adopt an interest-based approach, focusing on identifying and addressing the underlying needs and interests of the parties rather than blaming. By shifting the focus from positions to interests, counselling and mediation encourage creative problem-solving and facilitate the exploration of mutually beneficial solutions. This approach is particularly relevant in matrimonial disputes where emotions often run high.

A Few Legal Provisions

• Civil Procedure Code, 1908: Section 89 of the Civil Procedure Code, 1908, provides for the settlement of disputes outside the court. It encourages Alternative Dispute Resolution methods, such as Arbitration, Conciliation, Mediation, and Lok Adalats, for matters that can be resolved amicably. 
• Family Courts Act, 1984: Legal framework for the establishment of the Family Courts in India, wherein the Family Courts handle the matrimonial disputes such as divorce, restitution of conjugal rights, maintenance, alimony, child custody, etc. Section 9 of the Act empowers courts to make efforts for reconciliation between spouses before initiating formal proceedings or even at any stage of the pending litigation before the court. 
• The Mediation Act, 2023: The Act provides a legal framework for mediation in India. It provides for mediation in civil and commercial disputes. Apart from the criminal charges, such as dowry harassment, assault, domestic violence, etc, this can effectively help in resolving conflicts of a civil nature involving civil rights.   

Two Types of Mediation

• Court-Referred Mediation: A pending matter may be referred for mediation by the court under Section 89 of the Code of Civil Procedure, 1908. The introduction of dedicated Family Courts in India has bolstered the institutional support for mediation in matrimonial disputes. These specialized courts are equipped with trained mediators who facilitate the mediation process and guide parties toward mutually acceptable solutions. Moreover, the judiciary actively encourages parties to consider mediation as the first step towards resolving disputes, underscoring its efficacy and benefits in familial conflicts.
• Private Mediation: In private mediation, qualified individuals serve as mediators. Anyone, including the public, businesses, government agencies, and courts, can choose a mediator to resolve a dispute. This mediation is often helpful in facilitating amicable solutions to matrimonial disputes, where both parties can mutually appoint a mediator to assist them in resolving the conflicts through the mediation process. Private mediation is evolving as a more effective tool in the present scenario. 

Benefits of Counselling and Mediation 

• Reduced Conflict: Counselling and mediation serve as a platform for constructive communication, facilitated by a neutral mediator, thereby mitigating the adversarial nature inherent in litigation. It provides a platform for spouses to negotiate and agree upon such terms and conditions, which can be beneficial for both parties, including children.
• Control Over the Outcome: Unlike court-imposed decisions, which may fail to address the nuanced complexities of individual circumstances, counselling and mediation empower spouses to actively participate in crafting solutions tailored to their specific needs and preferences.
• Maintaining Relationships: In cases where couples share children or desire to maintain a semblance of amicability post-divorce, counselling and mediation offer a pathway toward maintaining constructive relationships.
• Cost-Effectiveness: Counselling and mediation are generally a cost-effective alternative to traditional litigation, offering significant savings in terms of legal fees, court expenses, and associated costs.  
• Faster Resolution: Counselling and mediation typically result in quicker resolution of disputes compared to protracted court proceedings. By avoiding the delays inherent in litigation, mediation expedites the resolution process, allowing parties to reach agreements and move forward with their lives more quickly.  
• Custody and Parenting: One of the most crucial aspects of counselling and mediation is child custody and parenting arrangements. It enables parents to develop comprehensive parenting plans that prioritize their children's best interests.
• Temporary Arrangements: In cases of marital separation, counselling and mediation can facilitate discussions regarding temporary living arrangements for the spouses involved.

How Can We Help You?

• Counselling and Mediation: We facilitate counselling and mediation for couples facing matrimonial disputes arranging online and in-person legal counselling sessions and mediation processes to resolve the conflicts to find amicable solutions for a new beginning through reconciliation or separation by analyzing the possibilities to survive in the relationship without allegations and hampering anyone's social reputation or assets. The entire communication is kept confidential, allowing parties to communicate freely.  
  
• Arrangements for Outcomes: Post-mediation outcomes can be arranged. If efforts to restore ties fail, we guide the couple through a mutual consent divorce, avoiding frivolous allegations against one another. In the case of domestic violence and dowry harassment cases, appropriate remedies can be suggested. In the event of false accusations, necessary guidance will be provided. 
• Postnuptial Agreement: Counselling can be provided to help parties frame a postnuptial agreement, ensuring that all essential aspects governing matrimonial issues are duly addressed. This will enable the parties to settle their disputes with confidence and security. 
• Post-Mediation Process: We facilitate the post-mediation process by preparing all necessary documentation and assisting parties with the required paperwork and legal formalities to ensure a smooth transition to a new beginning. 

Conclusion

Counselling and Mediation in matrimonial disputes can help you resolve your dispute without resorting to unnecessary litigation. We assist in resolving matrimonial disputes through expert guidance and legal counsel, and facilitate both mediation and post-mediation processes. We aim to deliver effective outcomes in the counselling and mediation process. To know more, contact us.