By Mr. Abhishek Verma 
INTRODUCTION:
Arbitration is a form of alternative dispute resolution and has traditionally been used in civil and commercial disputes. The arbitrator will look at all the evidence including both the written and oral evidence of each party.
In family disputes, arbitration can determine any financial or property dispute arising from a family relationship including financial claim on divorce or resolution of property claim and financial claim relating to children. Arbitration of family law means when a husband and wife have some issues among them they need to share it with another party who will try to solve the problem.
Define ADR: –
The term ADR or Alternative Dispute Resolution signifies any out-of-court processes adopted to solve disputes. Arbitration, mediation, conciliation, and negotiation are usually the most common methods of ADR. When the courts are understaffed and overburdened with cases, ADR serves the purpose of providing faster and simpler means of dispute resolution. All ADR methods are mostly private.
Arbitration is outside the court settlement of a dispute by one or more (odd number) persons who are appointed as arbitrators by both parties. According to Section 2(1)(a) of the Arbitration and Conciliation Act “Arbitration means any arbitration whether or not administered by permanent arbitral institution”
Characteristics of the arbitral process: –
1) . This process can only be applied when parties agree to it.
2) . This process is not partial and a fair approach will be made.
3) . Parties have the benefit of choosing an arbitrator by mutually deciding.
4) . Parties have all the powers of the fixed time, date, and place for organizing arbitration.
Meaning of family:
family is a group defined by a sex relationship sufficiently precise and in during to provide for the procreation of upbringing of children.
Explain family dispute
Family dispute refers to active opposition between family members because of the complex nature of family relationships family dispute can take a wide variety of forms including verbal, physical, sexual, financial, and psychological
Other meanings of family disputes are provided by family court, A suit between parties to a marriage for a decree of nullity, restitution of conjugal rights, judicial separation, or dissolution of marriage.
Family Law Arbitration in India:
The Indian Parliament to maintain a secular stance while also enabling religions to protect themselves has enacted the following family laws which apply to the religious communities defined in the respective enactments themselves:
• The main marriage law legislation in India which applies to a majority of the population is The Hindu Marriage Act, 1955, which is an act to amend and codify the law relating to marriage among Hindus. It applies to any person who is a Hindu, Jain, Sikh, or Buddhist i.e., anyone who is not a Muslim, Christian, Parsi, or Jew.
Further, concerning personal matters, Hindus are governed by the Hindu Succession Act 1956 (an act to amend and codify the law relating to intestate succession among Hindus), The Hindu Minority and Guardianship Act 1956 (an act to amend and codify certain parts of the law relating to minority and guardianship among Hindus) and the Hindu Adoptions and Maintenance Act 1956 (an act to amend and codify the law relating to adoptions and maintenance among Hindus).
• The Special Marriage Act 1954 provides for a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorces under this act.
• The Parsi Marriage and Divorce Act of 1936 seeks to govern and regulate the law relating to marriage and divorce among the Parsis in India.
• The Indian Christian Marriage Act 1872 is an act that consolidates and amends the law relating to the solemnization of the marriages of Christians in India and the Indian Divorce Act, 1869 states the law relating to divorce and matrimonial causes relating to Christians in India.
• The Muslim Personal Law (Shariat) Application Act 1937, The Dissolution of Muslim Marriages Act 1939, The Muslim Women (Protection of Rights on Divorce) Act 1986 and The Muslim Women (Protection of Rights on Divorce) Rules 1986, applies to Muslims living in India.
For the adjudication of all matrimonial and other ancillary disputes a person of any religion can approach the designated judicial forum as prescribed by the relevant legislation. There is an organized system of designated civil and criminal judicial courts within every state in India which works under the overall jurisdiction of the respective high court in the state.
Furthermore, the Family Courts Act 1984 seeks to provide for the establishment of family courts with a view to promote conciliation in and to secure speedy settlement of disputes relating to marriage and family affairs.
Law relating to Arbitration: –
1. Code of civil procedure, 1908
It may be opposite 2 points out in this regard that all the proceedings in India are governed by the Hindu Marriage Act and the Social Marriage Act regulated by the provision contained in CPC. A joint reading of these above subclosis clearly in the kids and statute mandate laid down by the civil procedure code in the first instance to assist the parties in peaceful settlement in matrimonial cases in any matrimonial proceeding before a competent court.
2 Hindu personal law and special marriage act. The Hindu Vedas and ancient taxes considered a marital bond as a scared bone that ties both the partners 47 successive birds. This can be trace in modern governing low for Hindus. Namely the Hindu marriage act 1955 and special marriage act 1954.The Hindu Vedas and ancient taxes considered a marital bond as a scared bone that ties both the partners 47 successive birds. This can be trace in modern governing low for Hindus. Namely the Hindu marriage act 1955 and special marriage act 1954.
Section 23(2) the Hindu marriage act states that before proceeding two grand any relief under the Hindu marriage act it shall be a duty of the court in the first instance to make any endeavor to bring about reconciliation between both the parties in all cases the provision contain section 34 (2) and 34(3) of the real marriage act are perimetria to the provision contain in section 23(2) and 23(3) of the Hindu marriage act.
At this juncture, it is essential to make a note of two important provisions of the Code of Civil Procedure:
1. Section 89 of the Code of Civil Procedure: Settlement of disputes outside the Court
2. ORDER XXXIIA 6 of the Code of Civil Procedure: Suits Relating to Matters Concerning the Family.
Discuss the Advantages of the Arbitration in Family disputes: –
When most people think of legal disputes, their minds might immediately go to a courtroom. However, arbitration offers advantages that a court might not be able to provide. Below, we dive into the four key benefits that can make arbitration a sensible choice in family law disputes: –
Confidentiality:
Arbitration proceedings are typically held in private, away from the public spotlight that often accompanies courtroom litigation. This confidentiality is especially beneficial in family law matters where sensitive information is involved. Parties can discuss and resolve their issues without worrying about public exposure or media scrutiny.
This aspect of arbitration can provide an additional layer of comfort for parties, allowing them to speak openly and honestly, which can ultimately lead to more satisfactory resolutions.
Control over the process:
Unlike court proceedings, which are bound by rigid rules and schedules, arbitration allows parties to customize the process to suit their individual needs and circumstances. Rules on evidence, the schedule of meetings, and even the location of proceedings can be set by the parties themselves, providing a level of flexibility often not found in traditional litigation. Such autonomy can streamline the process, reducing the emotional toll and promoting a more constructive resolution of disputes.
Efficiency:
As a dispute resolution mechanism, arbitration is often significantly more time-efficient than traditional court proceedings. The formalities and procedures in court litigation can span over months or even years, potentially causing delay and added stress for the parties involved.
Cost-effectiveness:
Arbitration can prove to be significantly more cost-effective than traditional courtroom litigation. This is because the legal costs associated with formal court proceedings can be steep, including court fees and other related expenses. On the other hand, arbitration, with its simplified procedures and flexible scheduling, can help reduce these costs. The quicker resolution time in arbitration means less money spent on extended legal counsel, and the ability to schedule meetings outside of standard court hours can minimize lost wages.
Conclusion and recommendations:
The authors recommend to improve the participation of citizens in ADR mechanisms Without their participation family arbitration cannot be properly used the citizen has to begin by restraining themselves using the traditional code litigation our constitution gives us the right to speedy trial as not nearly affection the right should we give one its due respect there is an urgent need for note only establishment of ADR market in urban areas but also in rural areas spouse, parents and couples need to recognize the advantage of arbitration in family disputes