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Divorce Mediation Laws

Most of the couples are confused as to what divorce mediation is. They ponder as what divorce mediation laws are. There are some ground rules for divorce mediation. It is a systematic process that has some conditions attached to it. However as compared to litigation it is a far simpler process.

To describe briefly, divorce mediation is a process where the separating couple negotiate divorce agreement with each other. This is done with the help of a mediator who is neutral to both the parties. Mediator plays the role of a facilitator and guides the couple in the process of negotiation. The mediator is a fair and unbiased member who has to think about the advantage of both the parties.

Mediation is not a new concept. It has been in use for settling all kinds of disputes since very old times. At present mediation has become a systematic and organized process. There are professional and expert mediators. By settling divorce related issues through divorce mediation laws, couples benefit in many ways. The process is economical, easy, and quick. Unlike litigation mediation is a more peaceful way of getting divorced.

Divorce agreement that is created with the help of mediation is completely acceptable by the court of law if the clauses are under permissible limits. However both the parties as well as the mediator have to follow some rules as applicable to mediation.

Some basic divorce mediation laws or rules are as follows:
  • Voluntary Participation: Both the parties should be ready for mediation. If one party is not ready to settle divorce through mediation then process can not take place. It is only through voluntary participation that divorce mediation can take place.

  • Disclosure: Both the parties should disclose all the facts relevant to their marriage while mediation is being carried. Only if the parties disclose full facts the mediator can guide them towards a fair agreement. Hiding details or records might make the process unsuccessful.

  • Non Bias: The mediator should not be biased towards any one party. He or she should have sessions either through phone or face to face with both the parties. The mediator should be fair to both and should not favor one party more than the other. The mediator should deal the case with good faith and see that both the parties benefit from the agreement.

  • Confidentiality: According to laws on divorce mediation, it is a cardinal rule that the mediator should keep the facts about the case confidential from the rest of the public. This is the advantage of mediation as compared to litigation. The personal issues of the marital life do not reach the public.

  • Good Faith: Both the spouses as well as the mediator should carry the process in a respectful manner. Heated arguments and physical and verbal offence should be avoided. If the parties do not deal with each other in a respectful manner then the mediator can cancel the session.
Apart from the above rules divorce mediation does not have any strict laws. By following the basic divorce mediation laws couples can come up successfully with the process.

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