Divorce Guide

Divorce Guide

Divorce Mediation Process

Divorce through mediation is becoming a preferred way of ending marriage. More and more couples are opting for peaceful settlement of divorce through the help of mediator. The divorce mediation process is not very complicated but still couples must keep a checklist ready in order to ensure successful mediation.

The main objective of mediation is to reach an agreement over matters that are unsettled in divorce. The common issues of disagreement are child custody, spousal support, division of property, and so on. Although mediation as a process of dispute settlement has been in existence since ages, it is less used when compared to litigation. However, with lack of time and money more and more couples are using mediation in order to settle divorce related dispute. Mediation is fast, peaceful, dignified, and economical.

Divorce mediation process is slightly different from litigation because in litigation the couples settle their divorce related issues in the court of law. With the help of respective lawyers they fight for their causes and try to influence the court of law for their own benefits. While in mediation the couple employs a mediator. The mediator is neutral and fair to both the partners. Through the help of the mediator the couple tries to reach a fair settlement on their divorce related issues. After the couple reaches a settlement they file the divorce petition in the court. The court goes through the agreement and checks the legal validity of the clauses. If the court seems satisfied with the agreement, it issues a divorce decree to the couple.

The first step in the divorce mediation process is to look for a good mediator. It is always better to look for a trained and reputed mediator. The mediator should also have proper knowledge of divorce laws so that the final contract is legally valid. Depending on the nature of the case the couple should check whether the mediator has dealt with similar cases earlier.

After selecting the mediator the couple has to attend sessions with the mediator. A good mediator would like to go at the root of the matter and know the basic cause of divorce. Mediators first try to stop divorce by playing the role of counselor. They try to bring together the couple by filling up the communication gap if any. However if the separation seems to be unavoidable they try and strive towards a peaceful settlement.

During the sessions with the couple, the mediator tries to ascertain each partyís point of view. The mediator has separate as well as combined sessions with the couple. If the couple has adult children then mediator takes their views as well. The final outcome or the final agreement depends a lot on these sessions. Couples have to be open and honest to the mediator so that he or she can guide them towards a fair agreement.

After conducting sessions with the couple the mediator drafts a settlement plan for the couple. If the couple agrees with the agreement they can apply for divorce in the court of law. The court grants divorce to the couple after reviewing the agreement.

Mediation is the simplest process of settling divorce related issues. However the couples must follow certain guidelines to make mediation a successful process.

Guidelines For Divorce Mediation Process:
  • Choose the mediator prudently. Look for qualities like expertise, knowledge, reputation, and experience when choosing the mediator.
  • Mediation is meant to solve the issues in a peaceful manner. So be prepared to compromise and trust your mediator for a fair judgment.
  • Couples can take legal help in issues that are complicated. For example division of tax is a matter that needs an expertís opinion. Mediation and legal advice can be clubbed together for the best result.
  • Cooperate with the mediator and your spouse in order to ensure that the mediation is successful.
If the couples take few precautions, the mediation is the best way to solve divorce related issues. Divorce mediation process is easy and less taxing. Wise couples always opt for divorce settlement through mediation.

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