Dispute resolution through negotiation has long been a part of the Indian legal tradition, though the Civil Procedure Code, 1908, was only amended in 1999 to include different mechanisms for out-of-court dispute resolution. This amendment brought mediation into focus as a key form of alternate dispute resolution. Data from Bangalore Mediation Centre points to issues in the mediation framework that must be addressed before mediation can be seen as an effective mechanism to resolve matrimonial disputes. These include inadequate training of mediators, judges giving mediation referrals without proper consideration, gendered power imbalances, and prioritising the institution of marriage over individuals’ interests. This paper argues for an evidence-based approach to studying matrimonial cases and mediation.
