Courtroom is not a best place to resolve the marital dispute
Many developed countries had made Alternative Dispute Resolution (ADR) a compulsory requirement before the case is presented into Court particularly for marital disputes, domestic disputes and likewise for other civil justice. In India similar provision is available when the couples files for divorce (multiple level of counseling)
ADR has several advantages and is more family friendly and has bonded many family together with win-win situation to both spouses. Few advantages are listed below:
- There has to be a winner and a loser in court, but in ADR most of the time both parties are winner. A Win-Win situation to both
- There is an aggressive atmosphere in court preceding and parties usually end up as enemies. A consequence of this is that courtroom is especially bad for child custody cases
- Courts impose solutions which then need to be enforced. If both parties negotiate a settlement between them, then there is no need for enforcement
- Court proceedings are sensitivity, governed by strict rules, procedures and protocols and hence many real or root cause of dispute never gets surfaced
- Mental state of the couple is disturbed in Court preceding by allegations and its cross examination and that they slowly starts hating each other
Although many fair-minded and concerned legal professionals do help by finding workable, fair solutions for their clients, there are, unfortunately, a number of legal professionals who undermine these efforts by encouraging their clients to pursue court action even when the dispute could be easily resolved by mutual discussion.
On few occasion, due to formal education and courtroom training, a lawyer will usually approach a client’s case involving family-conflict from an adversarial position, failing to understand the overwhelming positive benefits to the family that result from a harmonious agreement
There is growing concern among the general public that the legal professional puts the wishes of their client ahead than to understand the root cause and to council their client about what is in the best interests of client and their family.
On the other hand, there are also many advocates who enjoy breaking family just for money. This selfish practice not only harms both parties, it often irrecoverably breaks the family into pieces and the worst effected due to these cruel and selfish practices are the children and older parents
Further to add, the worst feature of the current family law system is that it generates conflict since it is based upon an adversary system. The adversary system was designed to settle disputes between strangers such as criminals and the public, accident victims, and contracts between people who often had little need for a relationship with the other party after the dispute had been settled.
In contrast, family members will very likely have an ongoing relationship long after the dispute has been resolved. Unfortunately, the adversarial system that is used to “resolve” the dispute among strangers might cause irreparable harm to the marital relationship and family members and make it difficult to ever have a healthy matrimonial relationship again.
» 5 distinction stages of most marital life
» Marriage a settlement
» Marriage is not a bed of roses
» Finding harmony in relationship
» Tips to prevent marital disputes
» Tips to intelligently handle marital dispute
» How to make my spouse understand my feelings
» Tips to save marriage
» Before separation or divorce
» War for child custody
» Ill effects of single parenting
» More articles on challenges in marital life