Mediation in Matrimonial Disputes in Delhi District Courts: An Analysis of Effectiveness and Settlement Focus.

Abstract

This paper critically examines the effectiveness of mediation in matrimonial disputes within the Delhi District Courts, revealing a predominant focus on financial settlements, particularly alimony, often at the expense of holistic resolution. Drawing on qualitative interviews with 20 husbands and 20 wives, supplemented by RTA analysis, the study found that while initial mediation sessions can be constructive, subsequent sessions rapidly gravitate towards financial negotiations, overshadowing critical non-financial aspects like child custody, emotional well-being, and relational healing. This transactional perspective, reinforced by societal and legal emphasis on monetary compensation, often leads to legally binding but emotionally unsatisfying outcomes, exacerbated by power imbalances. The research highlights a significant gap between the intended transformative potential of mediation and its practical application, calling for a re-evaluation of current practices to incorporate psychological counseling techniques and social justice mediation principles. Such an expanded approach is necessary to address the multifaceted needs of divorcing couples and foster more comprehensive, equitable, and sustainable post-divorce harmony, especially for vulnerable parties.