Published Paper Details:

Mediation has become an increasingly favored approach to resolving family disputes in India, particularly due to its conciliatory nature and potential to reduce the judiciary's caseload. However, the mediation process is not inherently neutral; it often reflects and reinforces existing societal power structures, particularly those related to gender. This doctrinal study critically examines how gender dynamics affect mediation outcomes in family disputes in India. Drawing upon feminist legal theory and analysis of judicial interpretation, the paper argues that patriarchal norms and gendered expectations can significantly disadvantage female litigants, who may experience pressure to prioritize family unity over individual rights or equitable settlements. The study reviews relevant legal frameworks, including the Family Courts Act, 1984, and the Legal Services Authorities Act, 1987, and critiques the lack of explicit protections against gender biases within these frameworks. By analyzing landmark judicial decisions and incorporating insights from feminist critiques, this paper identifies key areas where mediation practices could be reformed to safeguard the interests of women. The paper concludes by proposing targeted reforms, including gender sensitivity training for mediators, legal representation for vulnerable parties, and formal guidelines to manage power imbalances. These changes aim to foster a more equitable mediation process that aligns with the rights and needs of all parties involved.