The Indian family justice system, historically burdened by protracted litigation, has increasingly turned to Alternative Dispute Resolution (ADR) mechanisms such as mediation, conciliation, and Lok Adalats to resolve matrimonial and familial conflicts. These methods, anchored in statutes like the Family Courts Act, 1984, and the recent Mediation Act, 2023, promise swifter, cheaper, and more consensual outcomes. However, the institutionalisation of ADR in the family law domain faces significant structural and socio legal constraints. These include a severe shortage of trained mediators, inadequate infrastructure, deep seated cultural resistances, and persistent gender power imbalances that often undermine the voluntariness and fairness of the process. Concurrently, the digital transformation of dispute resolution presents a paradigm shift. Online Dispute Resolution (ODR) – the use of digital platforms to conduct mediation, arbitration, or negotiation – emerges as a potent tool to overcome many of these institutional limitations. By enabling remote participation, reducing costs, and offering scalable solutions, ODR holds the potential to dramatically enhance access to justice in family matters. Yet, its integration into the Indian legal landscape is nascent and fraught with challenges, including concerns over digital literacy, data privacy, the enforceability of online settlements, and the need for a robust regulatory framework. This paper critically examines the existing ADR ecosystem in Indian family law, identifying its institutional gaps through a doctrinal lens. It further undertakes a comparative analysis with jurisdictions such as the United Kingdom, the United States, and Australia, where ADR and ODR are more mature, to distil actionable lessons. Finally, the study explores the burgeoning scope of ODR in India, evaluating its legal underpinnings, practical applications, and the policy reforms required to harness its full potential
Family disputes, encompassing divorce, child custody, maintenance, and property division, are among the most emotionally charged and socially complex legal conflicts. In India, where family structures are deeply intertwined with cultural and religious norms, traditional litigation often exacerbates animosity, prolongs suffering, and drains financial resources. Recognising these pitfalls, the Indian legal system has, over the past four decades, progressively incorporated Alternative Dispute Resolution (ADR) mechanisms as a preferred pathway for resolving family matters. The establishment of Family Courts in 1984[1], the provision for court‑annexed mediation in the Code of Civil Procedure[2], and the recent enactment of the Mediation Act, 2023, collectively signify a policy shift towards consensual, non‑adversarial justice.[3]
Despite this favourable legal framework, the ground reality reveals a gap between promise and performance. ADR institutions in India suffer from chronic under‑resourcing, a dearth of professionally trained neutrals, and socio‑cultural barriers that limit their reach and effectiveness. These institutional limits are particularly acute in family disputes, where power imbalances, gender inequality, and emotional vulnerability require exceptionally skilled intervention.[4]
In this context, the rapid evolution of information and communication technology has ushered in a new frontier: Online Dispute Resolution (ODR). ODR extends the principles of ADR into the digital realm, using platforms that facilitate negotiation, mediation, or arbitration entirely or partially online.[5] For a geographically vast and digitally connected country like India, ODR offers a compelling solution to many systemic constraints—offering scalability, cost‑effectiveness, and remote accessibility.[6]
This research article aims to provide a comprehensive analysis of the interplay between ADR and ODR in Indian family law. It will first map the existing legal architecture of ADR, highlighting its strengths and, more critically, its institutional limitations. The article then engages in a comparative examination of family‑law ADR in selected common‑law jurisdictions (the United Kingdom, the United States, and Australia) to identify transferable best practices. Finally, it delves into the emerging scope of ODR, assessing its current deployment, legal recognition, and the challenges that must be overcome to realise its transformative potential. The ultimate objective is to contribute to the ongoing discourse on reforming family dispute resolution in India by advocating for a hybrid model that strengthens traditional ADR institutions while strategically embracing digital innovation.[7]
THE LANDSCAPE OF ALTERNATIVE DISPUTE RESOLUTION IN INDIAN FAMILY LAW
Legal and Institutional Framework
The integration of Alternative Dispute Resolution (ADR) into Indian family law is not a product of a singular reform but a gradual evolution, driven by legislative intervention, judicial activism, and a growing recognition of the limitations of adversarial litigation in intimate familial conflicts.[8] This landscape is characterized by a complex, sometimes overlapping, legal framework where traditional, community-based justice mechanisms coexist with formal, state-sponsored processes.[9]
Historical Evolution and Philosophical Underpinnings
The modern ADR movement in Indian family law finds its roots in two parallel streams. The first is India’s ancient tradition of Panchayati justice—community-led, conciliatory forums aimed at restoring social harmony. The second is the 20th-century global recognition of mediation as a superior tool for family disputes, which influenced Indian law reformers. The primary philosophical shift has been from a "rights-based" adjudicatory model to an "interest-based" reconciliatory model. The judiciary, in landmark cases like K. Srinivas Rao v. D.A. Deepa (2013)[10] and Moti Ram v. Ashok Kumar (2011)[11], has repeatedly emphasized that family disputes are "sociological problems" requiring "healing touch" and "therapeutic approach" rather than a strictly legalistic one.
Analysis of Institutional Mechanisms
Documented Benefits and Judicial Endorsement
The judiciary has been a strong proponent of ADR. The Supreme Court of India, in a series of judgments, has emphasised that family disputes are best resolved through dialogue and reconciliation rather than contested litigation. [22]The benefits are well‑documented: reduced time (cases can be resolved in months versus years in court), lower costs, greater party autonomy, confidentiality, and outcomes that are often more sustainable and less damaging to family bonds.[23]
Table 1: Key Legal Provisions for ADR in Indian Family Law
|
Statute |
Key ADR Provision |
Primary Mechanism |
Applicability to Family Disputes |
|
Family Courts Act, 1984[24] |
Section 9 – Duty to attempt settlement |
Court‑referred Mediation/Conciliation |
Primary statute for matrimonial disputes |
|
Code of Civil Procedure, 1908[25] |
Section 89 & Order XA – Reference to ADR |
Mediation, Conciliation, Arbitration, Lok Adalat |
All civil suits, including family matters |
|
Mediation Act, 2023[26] |
Entire Act – Framework for mediation |
Institutional & private Mediation |
All civil/commercial disputes, including family |
|
Legal Services Authorities Act, 1987[27] |
Chapter VI – Lok Adalats |
Conciliation and compromise |
Wide range, including family disputes |
INSTITUTIONAL LIMITS OF ADR IN INDIAN FAMILY LAW
Despite a supportive legal framework, the effective delivery of ADR services is hampered by several entrenched institutional limitations.
Infrastructure and Resource Deficits
There is a severe shortage of dedicated mediation centres and family‑court‑annexed mediation cells, particularly in rural and semi‑urban areas. Even where they exist, they often lack basic facilities, administrative support, and technological tools, creating an environment that fails to inspire confidence in the process.
Scarcity of Trained and Specialised Mediators[28]
The shortage of mediators is acute, but the crisis is one of quality and specialisation, not just quantity.
Cultural and Social Barriers
Power Imbalances and Gender Bias
This is the most significant institutional limit. Indian family mediation often occurs in the shadow of profound gender inequality.
Enforcement and Legal Uncertainty
While the Mediation Act, 2023, strengthens enforceability, in practice, parties sometimes renege on mediated agreements, leading to fresh litigation. The ambiguity regarding the finality of settlements, especially those reached outside strict statutory frameworks, remains a concern.[31]
Table 2: Institutional Limits of ADR in Indian Family Law
|
Limitation Category |
Specific Challenges |
Impact on ADR Efficacy |
|
Infrastructural |
Lack of dedicated spaces, poor administrative support, digital divide. |
Reduces accessibility and professional credibility of the process. |
|
Human Resource |
Insufficient number of mediators; lack of specialisation in family dynamics. |
Leads to poorly facilitated sessions and potentially unjust outcomes. |
|
Socio‑Cultural |
Stigma around family breakdown; patriarchal norms; reluctance to compromise. |
Inhibits voluntary participation and genuine consent. |
|
Substantive |
Inability to effectively handle power imbalances and gender bias. |
Risks entrenching inequality and violating principles of fairness. |
|
Systemic |
Weak enforcement mechanisms for settlements; overlap with litigation. |
Undermines finality and encourages forum‑shopping. |
COMPARATIVE ANALYSIS: LEARNING FROM GLOBAL MODELS
A nuanced comparison reveals that successful jurisdictions combine compulsion with support, and professionalism with accessibility.[32]
United Kingdom: The Mandatory Gateway and Robust Support[33]
United States: Specialisation and Market-Driven Innovation
Australia: A Holistic, Child-Centered, Publicly Funded Ecosystem
Table 3: Detailed Comparative Matrix on Addressing Power Imbalances
|
Jurisdiction |
Safeguard Against Power Imbalance |
Screening for Domestic Violence |
Support for Vulnerable Parties |
|
India |
Largely mediator-dependent; no standard protocol. |
Inconsistent; often overlooked in pursuit of settlement. |
Limited; party can bring a lawyer or support person, but no state-funded support. |
|
UK |
MIAM mediator assesses suitability; separate rooms ("shuttle mediation") used. |
Stringent; clear exemptions from mediation; safe procedures if mediation proceeds. |
Legal aid available for mediation; support persons allowed. |
|
Australia |
FDR practitioners specifically trained; intake assessment is rigorous. |
Mandatory screening tools; non-negotiable exclusion criteria. |
Free FRC services; referral to support agencies for counselling, legal advice. |
THE EMERGING SCOPE OF ONLINE DISPUTE RESOLUTION
ODR in family law is not merely "mediation over Zoom." It is a distinct methodology leveraging technology to redesign the dispute resolution journey.[35]
Typology of ODR Tools in Family Law[36]
The Indian ODR Landscape: Pioneers and Pilots[39]
A Critical Analysis of Advantages in the Indian Context
Addressing the Challenges Head-On
Table 4: SWOT Analysis of ODR in Indian Family Law
|
Strengths |
Weaknesses |
|
- Unmatched geographical reach |
- Excludes the digitally illiterate/poor |
|
Opportunities |
Threats |
|
- Integrate with Aadhaar for identity verification |
- Commercialization creating a two-tier justice system |
THE FUTURE TRAJECTORY: A BLUEPRINT FOR INTEGRATED REFORM
The future requires a synergistic, two-pronged national strategy: Strengthen and Expand (traditional ADR) and Innovate and Integrate (ODR).
Phase I: Strengthening the Core ADR Infrastructure (1-3 Years)
Phase II: Building the ODR Ecosystem (2-5 Years)
The Hybrid "Omni-Channel" Vision
A citizen-centric system would allow a party to:
This integrated model leverages technology not to replace human judgment and empathy, but to amplify its reach and efficacy. It promises a family justice system that is finally capable of delivering on the constitutional promise of access to justice for all, in a manner that is swift, affordable, and just.
CONCLUSION
The trajectory of family dispute resolution in India stands at a critical crossroads. The institutional architecture of Alternative Dispute Resolution, despite three decades of legislative support and judicial endorsement, remains hamstrung by deep-seated structural deficits—inadequate infrastructure, a critical shortage of specialised mediators, and the persistent failure to adequately address profound power asymmetries rooted in gender and socio-economic inequality. These are not peripheral shortcomings but existential limitations that cap the transformative promise of ADR. While mechanisms like court-annexed mediation and Lok Adalats have undoubtedly provided relief to countless families, their reach remains uneven, their quality variable, and their capacity to deliver genuinely consensual, fair outcomes in complex, high-conflict disputes remains contested. The Indian family justice system, therefore, cannot simply persist with a strategy of incremental expansion of existing ADR models; it requires a fundamental reimagining of how dispute resolution services are designed, delivered, and regulated.
It is within this context of institutional exhaustion that Online Dispute Resolution emerges not as a mere technological novelty but as a potential systemic disruptor. ODR offers a viable pathway to transcend the geographical, infrastructural, and resource constraints that have long plagued traditional ADR. By enabling remote participation, automating administrative processes, and providing scalable platforms for negotiation and mediation, ODR can democratise access to family justice in ways previously unimaginable.
Yet, this research has also underscored that ODR is not a panacea. Its integration into the Indian legal ecosystem must be deliberate, cautious, and ethically grounded. Unchecked commercialisation, inadequate data protection frameworks, and the exclusion of digitally marginalised populations risk creating a two-tiered justice system where the wealthy benefit from seamless online resolution while the poor remain tethered to overburdened, under-resourced physical courts. The challenge, therefore, is not whether to adopt ODR, but how to adopt it responsibly—embedding principles of accessibility, fairness, transparency, and human-centric design into its very architecture.
Ultimately, the future of family dispute resolution in India lies not in choosing between traditional ADR and ODR, but in forging an integrated, hybrid ecosystem that leverages the strengths of both. This demands a bold, multi-stakeholder reform agenda: urgent investment in physical ADR infrastructure and specialised mediator training; the establishment of publicly funded Family Resolution Centres modelled on Australia’s pioneering framework; the development of a secure, state-sponsored national ODR platform; and, above all, the creation of robust regulatory safeguards to protect vulnerable parties from coercion and exploitation in both physical and digital spaces.
[1] The Family Courts Act, 1984, No. 66, Acts of Parliament, 1984 (India).
[2] The Code of Civil Procedure, 1908, No. 5, Acts of Parliament, 1908, § 89 (India).
[3] The Family Courts Act, 1984, No. 66, Acts of Parliament, 1984 (India).
[4] Abhijatya Dubey & Dr. Juhi Saxena, The Effectiveness of Alternative Dispute Resolution in Family Disputes in India, 8(2) INT'L J.L. MGMT. & HUMAN. 3134 (2025).
[5] Sommya Kashyap, International Perspective on Gender Justice in Family Dispute Resolution: A Comparative Analysis and Lessons for India, 8(3) INT'L J.L. MGMT. & HUMAN. 3331 (2025).
[6] Ibid
[7] Bishnanand Dubey & Dr. Laxmikanta Das, Legal Framework for Mediation in Family Disputes in India: Analysis of Statutes, Case Laws, and Mediation Mechanisms, 8(3) INT'L J.L. MGMT. & HUMAN. 4476 (2025).
[8] Sommya Kashyap, International Perspective on Gender Justice in Family Dispute Resolution: A Comparative Analysis and Lessons for India, 8(3) INT'L J.L. MGMT. & HUMAN. 3331 (2025).
[9] Abhijatya Dubey & Dr. Juhi Saxena, The Effectiveness of Alternative Dispute Resolution in Family Disputes in India, 8(2) INT'L J.L. MGMT. & HUMAN. 3134 (2025).
[10] K. Srinivas Rao v. D.A. Deepa, (2013) 5 SCC 226 (India).
[11] Moti Ram v. Ashok Kumar, (2011) 1 SCC 466 (India).
[12] The Family Courts Act, 1984, No. 66, Acts of Parliament, 1984 (India).
[13] Salem Advocate Bar Ass'n v. Union of India, (2005) 6 SCC 344 (India).
[14] FAIK AK, Mediation in Family Courts: Balancing Legal Formality and Emotional Realities, LEGAL SERV. INDIA (Nov. 16, 2025), https://www.legalserviceindia.com/Legal-Articles/mediation-in-family-courts-balancing-legal-formality-and-emotional-realities/.
[15] The Code of Civil Procedure, 1908, No. 5, Acts of Parliament, 1908, § 89 (India).
[16] Abhijatya Dubey & Dr. Juhi Saxena, The Effectiveness of Alternative Dispute Resolution in Family Disputes in India, 8(2) INT'L J.L. MGMT. & HUMAN. 3134 (2025).
[17] Bishnanand Dubey & Dr. Laxmikanta Das, Legal Framework for Mediation in Family Disputes in India: Analysis of Statutes, Case Laws, and Mediation Mechanisms, 8(3) INT'L J.L. MGMT. & HUMAN. 4476 (2025).
[18] The Legal Services Authorities Act, 1987, No. 39, Acts of Parliament, 1987 (India).
[19] The Mediation Act, 2023, No. 32, Acts of Parliament, 2023 (India).
[20] FAIK AK, Mediation in Family Courts: Balancing Legal Formality and Emotional Realities, LEGAL SERV. INDIA (Nov. 16, 2025), https://www.legalserviceindia.com/Legal-Articles/mediation-in-family-courts-balancing-legal-formality-and-emotional-realities/.
[21] Bishnanand Dubey & Dr. Laxmikanta Das, Legal Framework for Mediation in Family Disputes in India: Analysis of Statutes, Case Laws, and Mediation Mechanisms, 8(3) INT'L J.L. MGMT. & HUMAN. 4476 (2025).
[22] Sommya Kashyap, International Perspective on Gender Justice in Family Dispute Resolution: A Comparative Analysis and Lessons for India, 8(3) INT'L J.L. MGMT. & HUMAN. 3331 (2025).
[23] Abhijatya Dubey & Dr. Juhi Saxena, The Effectiveness of Alternative Dispute Resolution in Family Disputes in India, 8(2) INT'L J.L. MGMT. & HUMAN. 3134 (2025).
[24] The Family Courts Act, 1984, No. 66, Acts of Parliament, 1984 (India).
[25] The Code of Civil Procedure, 1908, No. 5, Acts of Parliament, 1908, § 89 (India).
[26] The Mediation Act, 2023, No. 32, Acts of Parliament, 2023 (India).
[27] The Legal Services Authorities Act, 1987, No. 39, Acts of Parliament, 1987 (India).
[28] FAIK AK, Mediation in Family Courts: Balancing Legal Formality and Emotional Realities, LEGAL SERV. INDIA (Nov. 16, 2025), https://www.legalserviceindia.com/Legal-Articles/mediation-in-family-courts-balancing-legal-formality-and-emotional-realities/.
[29] Sommya Kashyap, International Perspective on Gender Justice in Family Dispute Resolution: A Comparative Analysis and Lessons for India, 8(3) INT'L J.L. MGMT. & HUMAN. 3331 (2025).
[30] Bishnanand Dubey & Dr. Laxmikanta Das, Legal Framework for Mediation in Family Disputes in India: Analysis of Statutes, Case Laws, and Mediation Mechanisms, 8(3) INT'L J.L. MGMT. & HUMAN. 4476 (2025).
[31] Bishnanand Dubey & Dr. Laxmikanta Das, Legal Framework for Mediation in Family Disputes in India: Analysis of Statutes, Case Laws, and Mediation Mechanisms, 8(3) INT'L J.L. MGMT. & HUMAN. 4476 (2025).
[32] Katherine Muldoon, Arbitration Trends in Family Law: A Global Perspective, RESOLUTION (THE REV.) (Resolution, Apr. 2025), https://www.spencer-west.com/news/arbitration-trends-in-family-law-a-global-perspective/.
[33] Ibid
[34] Sai Ramani Garimella & Dharmita Prasad, India, in CHOICE OF LAW AND RECOGNITION IN ASIAN FAMILY LAW (Bloomsbury Publishing Plc. 2023).
[35] Sai Ramani Garimella & Dharmita Prasad, India, in CHOICE OF LAW AND RECOGNITION IN ASIAN FAMILY LAW (Bloomsbury Publishing Plc. 2023).
[36] Heard, Bickerdike & Opoku, Remote family dispute resolution services for COVID and post‑COVID times, 60(2) FAM. CT. REV. 220 (2022)
[37] Ibid
[38] Zeleznikow, Using Artificial Intelligence to provide Intelligent Dispute Resolution Support, 30(4) GROUP DECISION & NEGOTIATION 789 (2021)
[39] Schindeler, Unanswered Questions – Family Dispute Resolution in the Shadow of the Law, 44(1) J. SOC. WELFARE & FAM. L. 84 (2022)
[40] The Digital Personal Data Protection Act, 2023, No. 22, Acts of Parliament, 2023 (India).
[41] Zeleznikow, Using Artificial Intelligence to provide Intelligent Dispute Resolution Support, 30(4) GROUP DECISION & NEGOTIATION 789 (2021)
[42] NITI AAYOG, DESIGNING THE FUTURE OF DISPUTE RESOLUTION: THE ODR POLICY PLAN FOR INDIA (Draft Discussion Paper, Oct. 2020).