Impact of the Mediation Act, 2023 on Matrimonial and Family Disputes

Abstract

The Mediation Act, 2023 is India\'s first dedicated and comprehensive cross-sectoral legislation on mediation. It is both significant and yet legally complex in its ramifications for matrimonial and family disputes because the “family” adjudication in India is already legally complex due to the personal-law reconciliation functions that are integrated into the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954, the Family Courts Act, 1984, and protective measures like the Protection of Women from Domestic Violence Act, 2005. This paper contends that the Act’s implications should not be considered a blanket “pro mediation” reform, but rather, a highly contested framing of the possible and the limited scope of embedded mediation, along with the mediation ‘exclusionary’ non-categories, confidentiality, and the integrated court ecosystem. The paper advances three main arguments. To begin with, the Act’s “overriding effect” clause is expressly subjacent to a number of enactments, including the Family Courts Act, 1984, which points to a possible intentionality to retain the family court conciliation frameworks and the High Court mediation rules. Second, although the Act creates a first in domestic violence/child abuse for confidentiality exceptions, this protective measure is a reactive one and needs to be accompanied by structural screening, representation, trauma informed, and judicial review, in order to adequately protect vulnerable parties. Third, the Court Annexed Mediation Centers continue to play an important role, especially given that transitional provisions maintain court-annexed rules until new standards are entered, and given that national efforts (e.g. “Mediation ‘For the Nation’” campaign in 2025) reflect the State’s growing dependence on institutional mediation for disputes involving domestic and family violence) holds three. Using doctrinal analysis, feminist and access-to-justice theory, parliamentary materials, and Supreme Court case law, this paper addresses two questions: whether specific disputes should be completely excluded, and how to safeguard the interests of vulnerable parties without compromising the therapeutic and administratively efficient aspects of the settlement.

Introduction

The text examines the role of mediation in Indian family and matrimonial disputes, particularly under the Mediation Act, 2023, against the backdrop of long-standing settlement-oriented family law frameworks. Family disputes are unique because they combine private intimacy with state power through courts, police, and legal categories such as marriage, divorce, custody, and maintenance. Indian personal laws (e.g., Hindu Marriage Act, Special Marriage Act) and the Family Courts Act, 1984 already mandate reconciliation and negotiated settlements, making mediation deeply embedded in family justice.

The Mediation Act, 2023 seeks to professionalize and institutionalize mediation through accreditation, standards, and enforcement mechanisms, but its application to family disputes is cautious and complex. Its phased implementation, limited overriding effect (especially excluding Family Courts and Legal Services Authorities through the Second Schedule), and “non-mediable” design reflect legislative sensitivity to existing family justice mechanisms and to issues like domestic violence and child safety.

The text highlights a central tension: while mediation can reduce adversarial conflict and address emotional and relational needs, it can also reproduce power imbalances and coercion, especially in cases involving domestic violence, economic dependency, or child welfare. Feminist and socio-legal critiques, supported by international standards (UN Women guidance and the Istanbul Convention), caution against mandatory or unguarded mediation in violence-affected cases, emphasizing that “family harmony” is not a sufficient measure of justice.

The research proposes that family disputes should not be categorically excluded from mediation, but that structured exclusions and safeguards are essential for high-risk cases. The Act’s built-in safeguards—non-mediable categories, confidentiality exceptions for violence and abuse, and the principle that parties are not obliged to settle—are necessary but largely reactive. The text argues for a stronger “safety architecture,” including early screening for coercion, survivor-centred process design (e.g., shuttle or online mediation), access to legal representation and legal aid, mandatory independent legal advice for critical terms, and robust judicial review of mediated settlements.

Court-annexed mediation centres are identified as the practical backbone of family mediation in India. The Act preserves their existing rules during the transition period, recognizing their institutional centrality. These centres are positioned as norm-creators through training, ethics, screening protocols, and data practices. The text ultimately proposes a specialised family mediation centre model within court-annexed systems, with trained mediators, child-sensitive practices, clear referral scopes, and structured judicial oversight to ensure voluntariness, safety, and compliance with statutory rights.

Conclusion

The Mediation Act of 2023 will change how matrimonial and family disputes are settled by creating new ways to reduce unnecessary conflict. Three findings stand out. First, regarding reconciliation duties and family law, the Act does not remove reconciliation duties; it still coexists with them. Also, through Section 55, in conjunction with the Second Schedule, the Act explicitly states that its overriding clause will not displace the Family Courts Act. The practical effect is the most likely outcome of mediation becoming a specialised profession. It will not achieve a revolution of personal law. Second, regarding the domestic violence safeguards, It is correct that the Act, in the case of domestic violence and child abuse, does not keep confidentiality. It is a good thing that safety is recognized, in the statute, as being more important than privacy, but there is no adequate procedural safety framework: screening, representation, trauma-informed process design, and judicial review. This does line up with some UN Women guidance and international best practices to avoid mandatory alternative dispute resolution in domestic violence situations. Third, with regard to the role of court-annexed mediation centres, transitional continuity rules and national campaigns state that court-annexed institutions will still be the most important source of family mediation, which will be the most important for the protection of vulnerable parties and the provision of efficiency.

References

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Copyright

Copyright © 2026 Ms. Vijaishree Tiwari, Dr. Nilesh Verma. This is an open access article distributed under the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.