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Top judge urges mediation to ease family court backlog burden

A senior Supreme Court judge has advocated greater reliance on alternative dispute resolution mechanisms in family law cases, contending that mediation offers swifter and more dignified outcomes than protracted litigation.

LSN India · 26 September 2026

Top judge urges mediation to ease family court backlog burden

Justice Nagarathna has called for wider adoption of mediation and conciliation procedures in family disputes, highlighting their potential to reduce strain on India's overburdened family court system. The judge's remarks underscore growing judicial recognition that conventional adversarial litigation may not serve the interests of families navigating sensitive matters such as divorce, custody and inheritance.

Mediation and conciliation offer several advantages over traditional court proceedings, according to the judge's position. These alternative dispute resolution mechanisms can deliver faster case resolution, provide greater privacy for disputing parties, and foster less antagonistic settlements compared to prolonged courtroom battles that often exacerbate family tensions.

The appeal comes as Indian family courts grapple with mounting case backlogs and prolonged trial durations that strain judicial resources. By encouraging litigants toward structured settlement processes outside the courtroom, the judiciary aims to clear dockets while enabling families to reach mutually acceptable resolutions more efficiently.

The push for alternative dispute resolution in family law reflects a broader shift within India's judicial system toward expediting case disposal and reducing court congestion. Legal experts have long advocated such mechanisms as particularly suitable for family matters, where preservation of relationships—even in dissolution—may serve the interests of all parties involved, especially where children are concerned.