{
  "id": 9969434,
  "title": "Justice Nagarathna advises wider use of mediation to ease burden on family courts",
  "url": "https://urgent.news/2026/09/26/justice-nagarathna-advises-wider-use-of-mediation-to-ease-burden-on",
  "topic": "world",
  "section": "World",
  "published": "2026-09-26T11:26:30.000Z",
  "source": {
    "name": "The Hindu",
    "slug": "the-hindu",
    "url": "https://www.thehindu.com/news/national/justice-nagarathna-advises-wider-use-of-mediation-to-ease-burden-on-family-courts/article71512184.ece"
  },
  "original_language": "en",
  "account": "Supreme Court Justice B.V. Nagarathna advocated for increased use of mediation and conciliation in family law cases during her keynote speech at a regional conference in Guwahati on September 26, 2026. She argued that these alternative dispute resolution methods could provide faster, less adversarial outcomes compared to lengthy court battles. Nagarathna, who heads the Committee for Family Court Matters, emphasized that the purpose of ADR was to complement, not compete with, the courts by offering speed, privacy, and confidentiality often lacking in traditional litigation. She pointed out that prolonged litigation between filing and final judgment often results in the loss of family bonds and deepens existing inequalities. According to Department of Justice data, there are currently 822 functioning family courts in India, with Bihar leading in pending cases followed by Odisha, Jharkhand, Assam, and Tripura. Nagarathna proposed several initiatives, including consolidated referral for cases involving domestic violence and elder welfare, dedicated geriatric mediation panels, pre-litigation mediation under Section 5 of the Mediation Act, and the inclusion of child psychologists in custody cases. She also called for mandatory financial disclosure during mediation, preference for lump-sum settlements, and prompt registration of property settlements to ensure enforceability. The judge stressed that mediation should not be used in cases involving violence or coercive control, citing the risk of further trauma for victims. The conference, attended by several Supreme Court and High Court judges, discussed the growing issue of litigation weaponization and the disproportionate costs of long litigation in terms of finances, enforceability, and dignity.",
  "summary": "Supreme Court judge backs alternative dispute resolution in family litigation, arguing that mediation and conciliation can deliver faster, more private and less adversarial outcomes than prolonged court battles",
  "key_points": [],
  "editors_take": null,
  "illustration": null,
  "coverage": {
    "outlets": 3,
    "also_reported_by": [
      {
        "outlet": "Hindustan Times",
        "title": "SC judge Nagarathna stresses integrating adjudication, ADR for resolving family disputes",
        "url": "https://urgent.news/2026/09/26/sc-judge-nagarathna-stresses-integrating-adjudication-adr-for",
        "published": "2026-09-26T08:44:21.000Z"
      },
      {
        "outlet": "The Indian Express",
        "title": "‘Process is punishment’: Justice Nagarathna flags ‘weaponising litigation’ in family courts",
        "url": "https://urgent.news/2026/09/26/process-is-punishment-justice-nagarathna-flags-weaponising-litigation",
        "published": "2026-09-26T09:43:28.000Z"
      }
    ]
  },
  "ai_generated": true,
  "disclaimer": "Summaries, key points and the editor’s take are written by software from other outlets’ reporting and may contain errors — always check the linked original."
}