THE ROLE OF MEDIATION IN FAMILY DISPUTES: EXPLORING THE BENEFITS AND LIMITATIONS OF MEDIATION AS AN ALTERNATIVE DISPUTE RESOLUTION METHOD IN FAMILY LAW CASES

Abstract

Mediation has emerged as a significant alternative dispute resolution (ADR) method in family law, offering parties a more collaborative and less adversarial approach to resolving conflicts. This research explores the role of mediation in family disputes, focusing on its benefits and limitations. Mediation promotes open communication, enhances mutual understanding, and allows parties to craft personalized agreements, often leading to higher satisfaction and compliance compared to traditional litigation. It reduces the emotional and financial burdens associated with courtroom battles, preserving family relationships and prioritizing the best interests of children. However, mediation also presents limitations, including potential power imbalances between parties, the risk of inadequate legal protections, and challenges in cases involving domestic abuse or severe conflict. The voluntary nature of mediation may limit its applicability in situations where one party is unwilling to negotiate in good faith. This study analyzes various family law scenarios to determine when mediation is most effective and identifies conditions under which traditional legal proceedings remain necessary. By balancing these benefits and constraints, the research contributes to understanding mediation’s evolving role within family law and highlights areas for improving its implementation to better serve families in dispute.