This article has been written by Ms. Janvi , a 1st year student of Symbiosis Law School , NOIDA .
ABSTRACT:
This article delves into the significant role of Alternative Dispute Resolution (ADR) methods in addressing family disputes within the Sikh community. The Sikh ethos, grounded in principles of equality, compassion, and communal harmony, has traditionally sought resolution through amicable means. However, contemporary challenges in family dynamics necessitate a nuanced approach to dispute resolution. This article examines the cultural and religious foundations that underpin Sikh family life and analyzes how ADR mechanisms align with Sikh values . It highlights the limitations of conventional legal processes in addressing these nuanced familial concerns and emphasizes the potential of ADR methods, such as mediation and arbitration, to provide tailored solutions that align with Sikh cultural sensitivities.
INTRODUCTION:
The Sikh community, with its rich tapestry of culture, tradition, and spirituality, places a profound emphasis on fostering familial harmony. However, as societal dynamics evolve, so too do the challenges encountered within family structures. In the context of Sikh families, disputes arising from matters such as intergenerational conflicts. This article discusses the meaning of arbitration , its types as well as its role in dispute resolving . It discusses the types and whether or not they are binding upon the parties . It also discusses the various dispute resolution methods in Sikh community like Panchayat, Panj Pyare as well as the new system that gained popularity recently , i.e mediation . It also discusses the process and need of mediation in the Sikh family disputes.
WHAT IS ADR?
ADR stands for Alternative Dispute Resolution which has gained a lot of popularity in the legal systems throughout the world in the recent times . It is a way by which disputes are resolved outside courts through alternatives like mediation , conciliation , arbitration. It is a structural process through which disputes are resolved by third party intervention. This system of dispute resolution has been taken up on the scientific lines of some universities of countries like USA , Canada etc. This type of system not only reduces time consumption but also cost spend in cumbersome process of litigation . It is a way by which stakeholders maintain cooperation and stability through external company.
TYPES OF ADR:
MEDIATION:
The parties opt for mediation when they cannot resolve the dispute themselves and they also do not want to involve themselves in the tiresome litigation process . The mediator is a neutral person who does not decide cases on his own , rather directs the parties in a way that they discuss their issues , and come to a settlement . If the parties agree to the settlement , then the decision is final and there si no right to appeal.
NEGOTIATION:
Here , the parties negotiate on their own and reach to a conclusion . The decision is not binding . The participation is voluntary.
CONCILIATION:
This process is actually similar to mediation , but here the role of third party is not really active . The parties reach to a conclusion on their own . It si an organised way of bringing the conflicting parties to an agreement.
RESOLUTION OF DISPUTES AMONG SIKH COMMUNITY:
In every community , disputes and conflicts arise which need a method or way of addressal and in most cases it requires an external mechanism for dispute resolution. As usual ,there has been a history of dispute resolution in Sikh community as well.
PANCHAYAT SYSTEM:
Opting the panchayat system for grievance redressal as well as dispute resolution was no different for this community as well . At the village level , whenever needed, the matter was taken up to panchayats. The panchayat head was elected by the village people only. One of the main functions of the village panchayat was to keep an eye on the members of the village community. It usually operates in a public domain . It is an authoritative form of system in which both parties have to be present before the panchayat . One party states the case and then have to answer the questions asked by the other party . Similarly , the other party also gets a chance to present the case from their side and have to answer the questions put up by the panchayat. The panchayat after hearing the case from both the sides comes up with a decision or solution, non-compliance of which sometimes outcasted the concerned party.
- PANJ PYARE:
The foundation of the institution of Panj Pyare was laid by the tenth guru , Guru Gobind Singh ji. They were the first Amritdhari Sikhs who were believed to have received authority from Guru to maintain the Khalsa brotherhood. It is respected a lot in the Sikh tradition. It had democratic functions, one of which was to ensure peace , stability as well as cooperation among the members of the management of gurudwaras. Thus , they held a unique status within the Sikh Panth.
Slowly and gradually , the effectiveness of Panchayat system became less , reason being , growing individuality and assertiveness among the people. Hence , the importance of MEDIATION grew rapidly. It gained more importance as it suits more for resolution of community disputes.
MEDIATION:
It is an informal way of dispute resolution in which a third party tries to resolve the conflict by facilitating communication between them and clearly stating the issues . It thus , helps the parties reach an agreement regarding the dispute. It is a voluntary and flexible dispute-resolving option.
Community mediation: This is a process of mediation in which the dispute resolver is a ‘sacred’ person, often treated with respect and honor by others and hence, people come up to him with their disputes to seek his guidance as they believe that he will unbiasedly and confidentially address the grievances of the parties. Members of the community also feel comfortable in putting forward their disputes in front of him with a ray of hope of dispute resolution in an amicable way .The disputes can vary from tenants and landlords to family disputes between husband and wife , within families , among brothers , custody of children etc.
The parties can resolve to mediation if they are unable to come up with a settlement themselves and they do not wish to enter into the cumbersome process of litigation. They can resort to mediation at any time , either before or after the court proceedings . Also , they can opt for mediation with or without the lawyers depending upon their expenses . The parties opting for mediation as dispute resolution method is most common in family matters . For example , there is a couple who are about to get divorced and the wife files a suit for maintenance for herself and children . Then , if they go for mediation , the mediator can help them decide upon the settlement cost , if they are unable to do it themselves . This way , mediation can help resolve family disputes in Sikh community.
PROCESS OF MEDIATION:
The mediator is the person here who facilitates the process of mediation . He does not take decisions directly , rather he directs the parties in away that they are able to discuss their issues properly . He does not force any of the parties rather he remains impartial or neutral throughout the process. He explains the ground points to both of them and creates an atmosphere of self-negotiation for the parties . Here , no decision of either the
mediator or anybody else is being imposed upon the parties rather the parties themselves reach to a settlement or agreement . In case , the parties no longer see an opportunity of resolving of conflict , they at every point have an opportunity to back off from mediation . If the settlement happens , the parties can also consult their lawyers if they want to , if they are involved to make sure that all the points of agreement are known to both the parties . In case , the lawyers are not involved , then the mediator drafts the settlement agreement and verifies the contents of it by both the parties . It is to be taken into consideration that the mediator is there to facilitate the mediation process , he is not there to evaluate the dispute.
The Sikh community has always been progressive and have strong cohesive bonds amongst them. But , there can always be conflict even though how strong the ties can be . Thus , mediation holds strong importance in dispute resolution in family disputes especially because in such scenarios , children are also involved and the family does not want to create any ruckus as well as hustle for themselves as well as the other party. Hence , they resort to mediation.
Some essentials of mediation :
- Confidentiality: It is a keep component in the process of mediation . Confidentiality should be maintained by not only the parties but also by the mediator to keep the trust intact.
- Proper participation of the parties : Proper participation of both the parties is very important to ensure that all their needs and issues are met properly and hence , the decision arrived at is convincing to the parties to the longest periods of time.
SUGGESTIONS FOR MEDIATION IN SIKH COMMUNITY:
The priest or Granthi in Sikh temples should be trained for mediation or else other members of the community can also be trained for the same . Also , this can be added in their literature to reach many people and educate them about it . Also , making this a part of their Seva or service can help reach the needy ones.
CONCLUSION;
In conclusion, the exploration of the role of Alternative Dispute Resolution (ADR) methods in Sikh family disputes illuminates a pathway towards preserving familial bonds in a manner harmonious with Sikh values. The dynamic interplay between tradition, culture, and evolving family dynamics necessitates a responsive approach to conflict resolution, and ADR emerges as a compelling solution. Moreover, the evolving role of Sikh religious and community leaders in endorsing ADR processes reflects a growing recognition of the need for holistic solutions that transcend legal formalities. As guardians of cultural values, these leaders contribute significantly to the success of ADR initiatives, bridging the gap between legal frameworks and the rich tapestry of Sikh family life.
In advocating for the widespread adoption of ADR methods, this article encourages a paradigm shift towards a more inclusive and culturally competent approach to dispute resolution within Sikh families. By doing so, we reinforce the enduring Sikh commitment to unity, understanding, and the preservation of familial bonds, ensuring that conflict resolution aligns with the core values that have shaped the Sikh community for centuries.
REFERENCES:
- This article has been written by Nilakshi Chaturvedi published on SCC online website . The link for the same is herein. http://www.scconline.comSearch Result (openathens.net)
- Alternative Dispute Resolution, O.P Motiwal,Vol.45, Indian Journal Of Public Administration, 1999
- This article has been written by Samrith Kuar and Rammit Kaur published on asiasamachar website . The link for the same is herein. Resolving disputes in Sikh community through mediation (asiasamachar.com)
- This article has been written by Mumal Kunwar Bhati and Nikunj Pandey published on SCC Online website . The link for the same is herein. http://www.scconline.comSearch Result (openathens.net)