PRE-LITIGATION MEDIATION IN DIVORCE MATTERS: A CRITICAL ANALYSIS

AUTHOR – PRAGYA MATHUR, STUDENT AT AMITY UNIVERSITY, MUMBAI

BEST CITATION – PRAGYA MATHUR, PRE-LITIGATION MEDIATION IN DIVORCE MATTERS: A CRITICAL ANALYSIS, ILE MULTIDISCIPLINARY JOURNAL, 4 (2) OF 2025, PG. 175-185, APIS – 3920-0007 | ISSN – 2583-7230

Abstract

Pre-litigation mediation^[1] is a useful substitute for regular divorce litigation, with the benefits of cost-effectiveness and less conflict. With the use of a neutral mediator, couples can work together to address issues like custody, support, and property, and typically result in better outcomes. While communication and relationship maintenance are facilitated by mediation, issues such as high-conflict levels and domestic violence require specialized methods. This discussion explores the advantages of compulsory pre-litigation mediation in reducing court backlog and enhancing quality of resolution, as well as its limitations and the critical factor of party willingness for effective results.

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[1] According to The Mediation Act 2023, “pre-litigation mediation” means a process of undertaking mediation, as provided under section 5, for settlement of disputes prior to the filing of a suit or proceeding of civil or commercial nature in respect thereof, before a court or notified tribunal under sub-section (2) of section 5