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From Traditional Councils Of Elders To Mediation Tables: A Comparative Study Of ADR In Tribal Marital Disputes

Volume
2
Issue
4
Pages
1–15
Published
Oct 2026
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Abstract

Alternative Dispute Resolution (ADR) has become a cornerstone of justice in India, offering participatory, accessible, and culturally sensitive mechanisms to resolve disputes. While statutory ADR frameworks such as family court mediation, conciliation, and Lok Adalats have gained prominence, the origins and essence of ADR are deeply embedded in India’s tribal traditions, especially in the resolution of marital disputes. In tribal communities, marital conflicts are often resolved through traditional councils of elders, councils of elders that draw on centuries of collective wisdom, ethical principles, and restorative practices. These councils prioritize reconciliation, social harmony, and the dignity of both spouses, demonstrating that justice can be humane, participatory, and culturally resonant. [1] This research paper celebrates tribal ADR as the living source and inspiration for modern mechanisms in family law. Traditional Councils of Elders manage marital disputes with remarkable efficiency, ensuring fairness and restoring relationships without resorting to adversarial litigation. Their processes reflect many of the values now central to contemporary ADR: dialogue, consensus-building, voluntary participation, and restorative outcomes. By examining illustrative case studies from diverse tribal regions of India, the research paper shows how these traditional practices continue to resolve complex marital disputes successfully, even in contexts where formal courts may be distant, overburdened, or culturally alien. [2] In juxtaposition, formal ADR mechanisms such as mediation tables, family courts, and Lok Adalats institutionalize many of the principles perfected by traditional councils of elders. The research paper presents a comparative perspective, not to critique tribal practices but to highlight how modern ADR in family law builds on indigenous wisdom, ensuring procedural safeguards while retaining the human and relational elements intrinsic to customary practices. It underscores how tribal methods can inform modern approaches to marital dispute resolution, providing lessons on cultural sensitivity, community engagement, and restorative justice that are highly relevant to contemporary family law. [3] Ultimately, this research paper argues that effective ADR in marital disputes requires recognizing and learning from tribal traditions. From the deliberative discussions of traditional councils of elders to the structured negotiations of mediation tables, ADR in India embodies a continuum where culture, law, and human values intersect. By celebrating tribal dispute resolution as a source of modern ADR, the paper emphasizes the enduring relevance of customary practices in addressing marital conflicts, ensuring justice that is both equitable and deeply rooted in community ethics. [4] [1] Ministry of Tribal Affairs, Government of India, Customary Laws and Usages (2018); James A. Wall Jr., Vairam Arunachalam & Ronda R. Callister, Third-Party Dispute Resolution in India and the United States, 38 Journal of Applied Social Psychology 3075 (2008). [2] Ministry of Tribal Affairs, Government of India, Customary Laws and Usages (2018). [3] Wall Jr., Arunachalam & Callister, supra note 3. [4] Ministry of Tribal Affairs, Government of India, supra note 3.

Authors
DA
Dr. Astha Mishra
DN
Dravyesh Narayan Pathak
Keywords
tribal councilsmarital disputesrestorative justicecultural sensitivitymediation tables
References
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