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alternative dispute resolution adr hull - An article by Herschel Mccray by Carter Burton





Article Author Biography
alternative dispute resolution adr hull - An article by Herschel Mccray by
Article Posted: 04/06/2012
Article Views: 402
Articles Written: 1
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alternative dispute resolution adr hull - An article by Herschel Mccray


 
Quotes
causes great hardship and financial loss to the parties. In order to reduce delays in resolution of disputes, the

Governments and the Judiciary are encouraging settlements or counseling techniques or conciliation which are part

of ADR. In this present day, Life is a circus in the fast-moving 21st century.

In India, the need to establish the Family Courts was first emphasized by the late Smt. Durgabi Deshmukh. After a

tour of China in 1953, where she had occasion to study the working of family courts, Smt. Deshmukh discussed the

subject with Justice Chagla and Justice Gajendragadkar and then made a proposal to set up Family Courts in India to

Prime Minister Pt. Jawahar Lal Nehru. Even after reformative legislation was enacted, implementation of reformed

laws left much to be desired. Though the women of India demanded establishment of Family Courts in 1975, the

Government of India took ten years to pass the necessary legislation. The Law Commission in its 59th report (1974)

has also stressed that in dealing with disputes concerning the family, the Court ought to adopt an approach

radically different from that adopted in ordinary civil proceedings and that it should made reasonable efforts at

settlement before the commencement of the trail. The Code of Civil Procedure was amended in 1976 to provide for a

special procedure to be adopted in suits or proceedings relating to matters concerning the family. However, not

much use has been made by the Courts in adopting this conciliatory procedure and the courts continue to deal with

family disputes in the same manner as other civil matters and the same adversary approach prevails. The need was

therefore, felt, in the public interest, to establish family courts for speedy settlement of disputes.

Genesis of Family Disputes:-
1.Ego often called self-respect
2.Balance their career and family, often leads to stress and strain i.e Family V Career.
Family problems are caused by a number of different reasons; ex. not being open with one another, not spending

enough time together, drug and drinking problems, abuse and neglect... The reasons ranged from family disputes, bad

debts, ailments and other miscellaneous reasons.
In case of marital disputes, professional counselling assumes a vital role. The root cause for differences between

husband and wife become difficult to find, especially in case of divorce petitions where stereotypical allegations

were made, he said. In this scenario, professional counselling becomes vital to unearth the true cause of the

dispute and to bring about an amicable solution.
The need of the hour was pre-marital counselling, so that people entering marriage could be aware of the

commitments involved in the relationship.
Counselling is a process through which one person helps another by a purposeful conversation in an understanding

atmosphere enabling him/her to cope more effectively with life problems. It may be the one of the resolution for

family disputes to settle amicably. As counselling is a face -to - face communication, the counsellor must have the

skills to understand his/ her clients, develop a friendly relationship and give complete, correct and clear

information, using an easy language.
Family Counselling is one of the resolutive mode for family disputes, useful for:
1. Problems developing in one or more family members which affect all (i.e.: children's problems, anger,

depression in one partner etc.)

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