Ownership disputes in family properties are sensitive & complex sometimes settling them is tough. Who should manage, benefit from, or own a family property can be the cause for such conflicts? Inheritance and family background, on which the disagreements are based, make it even harder because the interests are at stake.

These are among the issues that might lead to these disputes; conflicting interests, evolving family relationships, and unclear plans on property sharing. All parties concerned with family property disputes have a deep emotional attachment to them and it is not just a matter of money and because Settling these types of disagreements requires a lot of consideration, a good understanding of the law as well as taking into account each member's needs and feelings.

Having to go to court can sometimes be a negative experience as it may lead to even more serious conflicts, disturbed relationships, and a major waste of time as well as money.

Because of the conflicts, families often use various methods like arbitration, conciliation, mediation, or negotiation which are known as alternative dispute resolution techniques (ADR) to stay away from such troubles. These ways help solve problems faster and in a more friendly manner.

There are many reasons why alternative dispute resolution methods are considered better than traditional ones when it comes to settling family land disputes.

For E.g., unlike the regular courts, mediation or arbitration which are some of these alternative dispute resolution methods tend to be cheaper. ADR provides an inexpensive choice for parties involved since it involves less legal fees as compared to litigating which may incur high court charges coupled with lawyer's costs.

When speaking of time efficiency, litigation may take years to conclude while alternative dispute resolution processes typically move faster thus allowing parties in conflict to settle their differences soonest possible.

Flexibility also comes with ADR. For instance, through Alternative Dispute Resolutions systems, disputants can fix hearings at their convenient times, and also customize the process that best fits into what they desire or require whereas clients may feel overburdened by strict timetables and structures established under court rules.

Confidentiality is another key point for consideration; many times, these methods (ADR) are private hence safeguarding delicate family matters concerning land but when it comes to litigations everybody has access because all proceedings take place in open court thus exposing more people.

The process of arbitrating a legal issue involves the parties agreeing to take their case before one or more impartial arbitrators. After taking into account the information and arguments put out by both parties, these arbitrators provide a definitive and legally enforceable ruling known as an arbitral award. Arbitration can be regulated by certain laws or regulations and is frequently selected as a substitute for going to court.

The Arbitration and Conciliation Act 1996 is the main piece of law governing arbitration and conciliation in India. This law establishes a thorough structure for arbitral procedures, acknowledges and upholds arbitral decisions, and controls the selection and power of arbitrators. It incorporates both local and international arbitration and is based on the UNCITRAL Model Law on International Commercial Arbitration. Consulting with a legal professional is crucial for determining the best course of action for each situation.

Arbitration

Arbitration is a process in which people agree to have one or more neutral third parties adjudicate their dispute. These arbitrators will consider all information and arguments presented by the parties & then give a final and legally binding decision called the arbitral award. Sometimes arbitration can be governed by specific laws or rules and is commonly used as an alternative to going to court.

The 1996 Arbitration and Conciliation Act is the primary legislation that regulates arbitration and mediation within India. This law provides for a comprehensive procedural framework for conducting arbitration, recognition, and enforcement of arbitral awards as well as selection and jurisdiction of arbitrators under it. It encompasses both local and international arbitration and is based on the UNCITRAL Model Law on International Commercial Arbitration.

Mediation

A third party is a person who stays impartial. They step in to help others resolve conflicts through a process called mediation. This process is voluntary. The mediator's job is to make talking easier, allow open communication, and help people find solutions that work. Different from an arbitrator, mediators don't make any legal decisions. Instead, they help the people in conflict to come up with a solution they both can agree on. Parties can choose their own mediator during a legal event. A court can also pick one for them. Mediation is often used in many legal arguments. It helps keep relationships and can lead to creative solutions.

The MCPC (Mediation and Conciliation Project Committee) was set up by the Indian Supreme Court in order to promote mediation and conciliation as effective modes for settling disputes. It works towards training mediators, formulating guidelines and creating awareness about advantages of such processes. Though not a law, MCPC has been instrumental in furthering mediation and conciliation in India.

Conciliation

Conciliation is a procedure for solving disputes without going to court. A third person, known as the conciliator, tries to help the parties reach an agreement through an informal process. The conciliator may suggest solutions to the problems, put forward the matters for the parties' negotiation, investigate the possible options, communicate with all participants to understand their views better and to decrease tension between them as well as provide technical support where necessary; but he resolves the hard questions himself by doing so.

Neither his techniques nor the Terms of Reference must be binding like they are in arbitration because this is purely voluntary and no pact requires them to use it if they don't want to. The settlement arrived at was signed by each party thereto. The Act contains provisions relating to conciliation under Part III of the Arbitration & Conciliation Act 1996 which applies not only to India but also in any international context where parties have agreed on its application. It is a flexible process that allows parties to decide on the time and place for conciliation, structure, content, and terms of negotiations.

Negotiation

When people have a fight or cannot agree, negotiation is the way they make a deal by talking. It's very important for legal disputes and is used a lot for that reason. You can negotiate in different types of situations such as formal ones like court cases or contract talks as well as casual ones between individuals or businesses without any third parties involved who will decide what happens next; everything should be fair on both sides so nobody feels left out.

What do mediators do in family property disputes?

These elements are crucial for this process. Also, they act as instructors and helpers too. He acted as a neutral third person. It is the main duty of the conciliator to create an atmosphere where trust and peace prevail so that everyone can bring up their issues without any fear of being victimized or judged. He listens keenly to each party's views, ensures that each is understood by the other and fosters unity among all. If there are family members who wield more power than others, the mediator also tries to make things fair. He sees to it that each person present gets an equal chance to contribute during the mediation.

What role does an arbitrator play in solving family land disputes and how does it differ from a mediator?

An expert in settling family land issues is known as an arbitrator. Their role in resolving the problem cannot be overstated; they act as unbiased referees. Unlike mediators who only help conflicting parties to agree on their own, an arbitrator has the power to give conclusive rulings.

During a family land dispute, the disputants choose an arbiter. This is because such a person can best understand the matter at hand having been well acquainted with land laws as well as methods of resolving disputes There are some other reasons why they are preferred. They take into account all necessary information before making a decision and listen to each side without favoritism to arrive at a fair judgment. However, the most important thing that separates them from mediators is this; their decisions are final and binding while those made during mediation are only binding if confirmed by the court through a consent order.

Arbitration is more structured and formal than mediation. The arbitrator manages the entire process, including setting rules and scheduling meetings. It is also more private; therefore, family matters remain confidential. The decision made by an arbitrator is important and can be enforced through the court system. This gives everyone clarity and certainty about moving forward.

After considering the differences between alternative dispute resolution (ADR) and traditional lawsuits, it's clear why ADR is often a better choice for resolving family land disputes. ADR methods like mediation and arbitration offer numerous benefits, such as lower legal fees and court expenses, making them more affordable. They also resolve disputes much faster, in weeks or months instead of years. ADR's flexibility allows proceedings to be scheduled conveniently and tailored to the parties' specific needs. Importantly, ADR keeps sensitive family matters private, unlike public court proceedings.

It also focuses on preserving relationships by fostering a collaborative environment where parties work together to find mutually agreeable solutions, helping to maintain family bonds. This approach gives parties more control over the outcome, reducing the powerlessness often felt in court decisions made by a judge or jury.

Furthermore, the less formal and cooperative nature of ADR can make the process less stressful. Given these advantages, ADR is a more effective and harmonious method for resolving family land disputes, and consulting a legal professional can help determine the best approach for each unique situation.

Conclusion
Finally, when dealing with family property disputes, mediation and other options are better than taking the matter to court. Through these methods, families can find solutions while keeping their relationships intact. If you want an opportunity to speak your mind openly in front of everyone, go for it since this is what mediation provides for. On the other hand, arbitration allows for privacy during the process and also ensures that each family member gets their fair share according to what they think is right.

In addition, arbitration makes everything simple by employing one person who acts as a judge rather than having different people come up with different decisions that might not favor any party involved in the dispute. It is advisable therefore that both methods should be used alternatively between them to solve land conflicts permanently and enable peaceful co-existence among relatives thereafter.

Written By: Ujjval Verma - 4th year law student BA.LLB, SVKM NMIMS School Of Law Navi Mumbai