Alternative dispute resolution mechanisms such as mediation play a vital role in resolving domestic conflicts because judicial verdicts rarely bring an end to ongoing familial relationships, Supreme Court judge Justice Ujjal Bhuyan said on Sunday.
Delivering the valedictory address at the Eastern Zone Regional Conference on “ADR vs Adjudication in Family Disputes: Challenges and Way Forward,” Justice Bhuyan highlighted that family matters occupy a unique position within the legal framework. Unlike commercial lawsuits where parties generally part ways following a court decree or arbitral award, domestic disagreements—particularly those involving children—frequently see litigants returning to court over ongoing matters of custody, visitation rights, maintenance, and schooling.
Limits Of Judicial Decrees
Justice Bhuyan noted that petitions for divorce or custody appearing on court dockets are often merely the culmination of prolonged interpersonal conflicts preceded by years of friction, disappointment, and eroded trust.
While practical experience shows that not all family disputes are best resolved through formal judgments, judicial orders alone cannot settle the relational demands of parenting, he explained. A court order can designate a child’s residence or fix maintenance amounts, but parents must still interact for years to come and coordinate decisions regarding their child’s healthcare, education, and long-term welfare. Justice Bhuyan pointed out that this necessity for continuing engagement distinguishes family litigation from other legal disputes and underscores the importance of mediation.
Irreplaceable Role Of Adjudication In Abuse Cases
At the same time, Justice Bhuyan emphasized that formal adjudication remains an indispensable pillar of the justice system and cannot simply be substituted with an expectation of compromise.
Court intervention and legal protection remain imperative in cases where allegations of domestic violence, coercion, or severe wrongdoing are present, he stated, underscoring that adjudication cannot be set aside when vulnerable parties require judicial safeguards.
