Divorce Guide

Divorce Guide

What Is Divorce Mediation?

Divorce is a complicated issue and needs to be handled tactfully. Most of the times divorce takes such bad shape that it cannot be resolved even through a qualified lawyer. Mediation is a good way to resolve divorce issues.

Mediation definitely does not replace the role of legal aid. It is a process that helps both the parties reach a common consensus over divorce related issues. Mediation helps the parties in a healthy negotiation over controversial issues involved in divorce.

Most of the divorce cases become difficult due to disagreement between the couple. Issues like child custody, child support, alimony, division of property, become controversial and lengthen the divorce procedure. At times neither of the spouses is ready to compromise and their respective lawyers aggravate the conflict in order to turn the case in their favor. On the other hand a mediator tries to bring the couple to a peaceful and fair compromise.

A mediator is a neutral person whose purpose is to help both the parties. He is equally faithful to each party and does not favor one more than the other. The mediator ensures that both the parties get equal and fair benefits out of divorce settlement.

The role of mediation becomes important in the pre divorce stage when the couples need to settle issues related to their separation. Sarah and James were married for 14 years and had accumulated a lot of marital wealth. Division of property was quite a controversial issue among the couple. However both the husband and wife wanted to avoid dirty arguments in the courtroom and thus they decided to go for mediation. With the help of a mediator they very soon reached a common and fair divorce settlement. The only role of the court was to approve the settlement and grant the divorce decree.

The role of mediation is not only limited to peaceful settlement. In many cases mediation removes the need for divorce bringing back the couple together. A good mediator always tries to stop divorce by means of counseling and positive advice. As compared to lawyer the role of mediator can be considered more constructive. Lawyer ensures that his party wins the case by hook or by crook. On the other hand the objective of the mediator is to settle the matter in a peaceful and fair manner.

In many cases couples depend totally on mediation to settle their divorce issues. They reach a divorce settlement through mediation and directly approach the court for divorce. In such events mediation becomes an alternative to litigation in divorce.

Mediation has lots of benefits for the couples undergoing divorce. It is always better to resort to mediation because it saves time, money, effort, and also malice. However in cases where one spouse is not ready to compromise, mediation might not be a good idea. Couples can also go for mediation and litigation together. Although mediators have a fair idea of legal clauses, in complicated cases it would be better to seek legal advice along with mediation.

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