SC judge Nagarathna stresses integrating adjudication, ADR for resolving family disputes

Supreme Court Judge B V Nagarathna has emphasized the importance of integrating adjudication and alternative dispute resolution (ADR) in addressing family disputes. At the opening ceremony of a two-day regional conference, she stressed that ADR and adjudication should work together to deliver justice in these cases, rather than compete with each other.

Nagarathna, chairperson of the Committee for Family Court Matters in the Supreme Court, highlighted the need for speed in resolving family disputes without compromising on meaningful and just outcomes. She pointed out that delays in delivering judgments in family cases can exacerbate existing inequalities and that ADR mechanisms offer speed, privacy, and confidentiality in such matters.

The judge maintained that the mode of dispute resolution should be determined based on the nature of the case, noting that an adversarial courtroom setting may not always result in reconciliation. She emphasized that strategic use of ADR mechanisms could help reduce the pendency of cases, with pending case numbers ranging from 36,792 in Odisha to 7,399 in Assam as of October 2024.

Nagarathna stressed that mediation is not meant to replace adjudication and that a woman's bargaining power is equal to her legal entitlement. The Supreme Court judge expressed hope that the conference would generate practical and actionable suggestions to develop a system that effectively integrates ADR with adjudication for the speedy resolution of disputes in family matters.