“STUDY OF ALTERNATIVE DISPUTE RESOLUTION APPROACH TOWARDS FAMILY DISPUTE SETTLEMENT WITH SPECIAL REFERENCE TO STATE OF MAHARASHTRA.”
1. INTRODUCTION
Family law touches different disciplines such as, Law, Sociology, Anthropology, Psychology, Ethics and Religion, Social Work and Social Management. It has different culture and a different jurisprudence. The rights and duties arising out of matrimonial status are given due importance from the time immemorial and they deserve special treatment even today in the interest of society.
In India, people learn the essential themes of cultural life within the bosom of a family. In most of the country, the basic units of society are the patrilineal family unit and wider kinship groupings. The most widely desired residential unit is the joint family, ideally consisting of three or four patrilineally related generations, all living under one roof, working, eating, worshiping, and cooperating together in mutually beneficial social and economic activities. Patrilineal joint families include men related through the
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Various families have ruined themselves fighting until the closing stages, the last scene of which is usually performed in the court. The judiciary is generally averse to enter into the paddle because the law should come after everything else in family relations. The same view has been reiterated in the present state of affairs when compared to the days of Privy Council. The concept of family arrangement is applicable to all the communities in which there is a common unit, common mass and the practice of joint living. Consequently, so long as the arrangements are made for settling the disputes with or without litigation, the validity cannot be questioned. Only when the dispute cannot be settled by way of family settlement, is adjudication by the way of arbitration
Ulrich, G. (1999). Widening the circle: Adapting traditional Indian dispute resolution methods to implement alternative dispute resolution and restorative justice in modern communities. Hamline Journal of Public Law and Policy. 20, (2), 419-452.
Family used to be a single unit, consisting of a husband, wife and children. This unit was widely thought as a group based on marriage and biological parenthood as sharing a common residence and united by ties of affection, obligations, care, support, and a sense of common identity. However, due to the change in values, laws, family structure and social trends, the definition of family has been defined as a married or cohabiting couple with or without children living under one roof, children may be dependent or independent. (Office for national statistics) (2006)
In this day and age there are many variations of what constitutes a couple or family in comparison to many years ago. Long ago the idea of a ‘nuclear family’ was considered the norm; it consisted of the conventional husband, wife and children . But as our society progressed through the years this definition became less conventional and criticisms were made, this definition of ‘family’ did not account for gay unions, soul parents nor did it acknowledge the prevalence of extended family. The definition of family has changed over time, as have the socially defined roles of mothers and fathers. Within these varied family units, situations occur in which divorces and separations take place and a lot of the times these tricky situations may involve children, which can make an already tricky situation even more problematic. There are pieces of legislation which are in place which aim to protect the best interests of a child during the time their parents are going through divorce but sometimes these avenues can be more problematic and ultimately destroy unions whereas other avenues of dispute resolution such as mediation, albeit with its own criticisms, helps to keep relationships afoot in that it provides an opportunity for peaceful and mutual agreements to be made in a more laid back environment.
2017). In the Northern Indian culture, women have more than one spouse which are often made up of a group of brothers. The oldest brother is the one chosen by the women’s parents and the other brothers don’t have to join but often do. Although in the nuclear family the woman has many husbands, she is still expected to do equal work, including physical tasks and often even does more work than each of her husbands. Work is more easily spread because there are four members and some men are able to work away while the others work at home. The wife will take turns each night and sleep with a different brother to avoid jealousy and conflict among them (Slater-Jones
After completing my family genogram, I was able to notice the history of a couple of patterns of fusion in particular. One of the relational patterns that stood out was emotional abuse which for the sake of this assignment I have only traced it back three generations, starting with my paternal grandfather Marciano, who endured the aftermath of the WWII and who conceived out of wedlock (COW) from Spanish and Mestizo parents and who married a woman Fidelina, of Chinese and Indian origin, born in El Salvador like him. Based on anecdotal accounts, Marciano was particularly emotionally abusive towards Rosa, my mother, who is also the first born of the couple and COW. Marciano had very high standards of beauty and intellect, which often triggered name calling, insults, and other forms of humiliation aimed towards my mother, causing her to feel belittled and resent his treatment towards her.
The history of family has changed enormous in the United Kingdom since 1945. Modern England has differed about the concept in family in which compare with traditional family no matter is the character of family, the relationship in household as well as the power in Britain family. Meanwhile, it also has been appearing a variety type of family, and structures also tend to smaller and smaller. For the sake of know more about the Britain family changing, the following part will utilize social sciences disciplines to explain and analyses in this complicated circumstance.
From past to present people all over the world have determined to live together, or “get married”. Marriage can be a beautiful thing, but some couples are unable to maintain their relationship, because they choose divorce as a solution to cope with the problems between husband and wife. Furthermore divorce is definitely on a rise. The effects of divorce can be detrimental to a family, but the causes of divorce can be just as bad. In this essay we will cover one of the main causes of divorce and one of the main effects.
It is argued that the key factor in ADR application is that all it’s’ method are designed to assist the disputing parties resolve their differences in a manner that is creative and most suited to the particular dispute. Yet these achievements are not sweeping enough to conclude that the adversarial procedures are irrelevant. Though some people see ADR methods as supplanting the adversarial system, but these thoughts could only hold water where the courts in many jurisdictions are unable to resolve all disputes in a manner appealing to litigants, but until then ADR methods will be designated as collaborative dispute resolution system with the conventional litigation system.
Every culture has several similarities and differences that impact the way they do things. Several of these cultures have distinct traits and traditions that make them differently from other cultures. I believe these differences make each culture different and unique. The two cultures that I have chosen to compare and contrast with each other is Kenya and India. In this paper I will discuss the similarities and differences in each of the culture’s families in context, marital relationships, and families and aging. These are important aspects of these cultures and to examine them will give me a better knowledge of both of these cultures.
The family unit is as diverse as the societies they each represent. This sometimes can manifest traditional roles of doting mothers and providing fathers into a home with two sets of parents (Kurrien & Dawn Vo, 2004). Therefore, the involvement and importance of the extended family: grandparents and other family members such as aunts and uncles play a significant role in both its economic and social function.
India sits in the middle of the scale and can be considered both individualistic and collective. There is great need for belonging to a bigger social framework. In Indian culture family is highly stressed. They strive to increase and preserve their family’s riches, by working hard in order to maintain the family’s dignity and insure the longevity of their offspring.. On the other hand the individualistic aspects of Indian culture are influenced by the major religion in India, which is Hinduism. Hindus believe in reincarnation where past lives are seen as affecting and determining the present life, as a result of this individuals are responsible for how they live their lives and how that will impact their next lives. Since aspects of both individualism and collectivism are present, India scores intermediately in this dimension. (Cultural tools, n.d.)
Since past, people around the world have to live together by getting marriage, so they can be able to help each other on life. Still many couples can’t be able to stay in relationship; therefore, they choose divorce as a solution to end the problems between them. Moreover, most people think carefully before marriage; instead of, some think that marriage is easy. There are three main causes of divorce: changing woman’s roles, dishonesty, and lack of communication that are going to discuss it below.
There is no true definition in what makes the family. Constant changes happen since the society in which we live in is evolving at a constant rate. This evolvement that is taking place has changed the idea of an ideal family. Many years back family meant a married heterosexual couple with 1.5 kids. Truth is that this is not ideal for everyone. After challenging this ideal family structure it has been concluded that family forms and functions are different. Therefore this paper will address some changes in the family such as divorce, step parenting, and immigration, how these new changes play a significant role in family diversity.
Mediation is a form of the Alternative Dispute Resolution (ADR). Mediation is a process which it assists disputed parties to arrive to a mutually agreed resolution without going to court. As the out of court problem solving approach, mediation is a more convenient way for parties which trying to avoid the hassle and loving some flexibility from the more rigid court procedure. Mediation can be said as an informal process of which parties during this process is encouraged to work together among the disputed parties in good faith in order to solve their problems and disputes at a lower financial cost and it consume lesser time as opposed to the court procedure. Mediation recently has become more common as one of dispute resolution process especially for disputes which have relations to divorce matter, child custody or even for child visitation especially for its privacy and confidentiality.
To thoroughly elaborate on the institution of family we most look at the family as it was before and how much it has changed over time. Throughout the years we are recognizing that the family is slowly being replaced by other agents of socialization. Families in the past consisted of a mother and a father and most times children. We are, as many societies a patriarchal society; men are usually the head of the households. This has always been considered the norm.