By S&S Co. Advocates & Solicitors · Published 29 September 2026 · Informational content, not legal advice: see our disclaimer
Overview
An explainer on how mediation works in Indian matrimonial disputes, when family courts refer parties to mediation, and what couples can expect from the process.
What You Need to Know
- Family courts in India are required under Section 9 of the Family Courts Act, 1984 to make efforts towards settlement and reconciliation before proceeding to adjudicate a matrimonial dispute, and routinely refer parties to court-annexed mediation centres
- Mediation is a structured, confidential process in which a trained neutral mediator helps both spouses identify issues and explore a mutually acceptable resolution, covering not just whether to separate but ancillary issues like maintenance, custody, visitation and division of property
- Mediation is voluntary in the sense that any settlement requires both parties' consent, and either party can choose to exit and return to regular litigation if mediation does not progress
- A successful mediation in a divorce matter often results in a settlement that is then placed before the family court, which can form the basis of a mutual consent divorce petition under Section 13B of the Hindu Marriage Act or a consent decree
- Even where reconciliation is not achieved, mediation frequently helps narrow the disputed issues: for instance, resolving custody and property questions by consent even where the divorce itself remains contested: which can shorten the overall litigation
Frequently Asked Questions
Is mediation legally required in every divorce case in India?
Family courts are statutorily required to attempt settlement/reconciliation before proceeding to trial, and routinely refer matrimonial matters to mediation, though the parties are not compelled to reach a settlement.
Is anything said during mediation admissible later in court?
No. Mediation proceedings are confidential, and statements made during mediation are generally not admissible as evidence if the matter proceeds to litigation.
Can mediation help even if the couple is certain they want a divorce?
Yes. Even where divorce itself is not disputed, mediation is often used to resolve ancillary issues such as custody, visitation, maintenance and division of property by consent.
References & Further Reading
This guide references the following statutes, rules and sources, cross-checked at the time of writing.
- Section 9, Family Courts Act, 1984: statutory duty to attempt settlement/reconciliation: confirmed via the Act's text and practitioner explainers at research time
- Court-annexed mediation practice in matrimonial matters: consistently described across multiple practitioner sources at research time
- See also our Family Law Notable Judgments and Legal Updates: Family Law archive.