Divorce Guide

Divorce Guide


Does Divorce Mediation Work?


Divorce rate is increasing at a high rate in USA. Divorce is no more a social stigma as the court has legitimized no-fault divorce. Although couples are open to end their marriage they also realize that divorce is a complicated and tough procedure. Thus many wise couples prefer to end their marriage with the help of mediation. Does divorce mediation really work is a topic of debate.

As all of us know that mediation as an alternative way to settle disagreements exists in the society for a long time. Divorce mediation is particularly meant for settling divorce related issues. When a marriage ends it must get legal sanction. The husband and wife must separate for all practical purposes. At the time of divorce the court issues a divorce decree to the couple declaring that they are separate entities henceforth. A legal contract or agreement is signed by the couple that entails all the details of their separation. Details like who gets the legal custody of the child, how is the marital property divided, how much alimony has to be paid, are mentioned in the divorce agreement. The essence of divorce mediation is to draft a fair and balanced agreement according to the wish of the couples.

Does divorce mediation work is a matter of debate. Well divorce mediation definitely works as it is an easier and economical way to settle divorce related issues.

Letís see the advantages of divorce mediation:
  1. It is easier because the couple has to jointly deal with the mediator whose purpose is to make things simple for them. The role of mediator is that of a facilitator. He tries to facilitate a fair agreement depending on the desires of the couple. Thus mediator plays a neutral role and maintains a balance between the spouses.
  2. Mediation saves a lot of money. In adversarial divorce the couples employ individual attorneys and pay them separately. In mediation the couple jointly pays the mediator and later shares the cost.
  3. Mediation is quick and couples can carry the process at own pace.
When compared to adversarial method of divorce, mediation is definitely a preferable way. However divorce mediation does not necessarily work in every situation. Divorce mediation is not suitable for the following situations:
  1. If one spouse is unwilling to give divorce
  2. If either of the spouse is not present at the time of divorce
  3. If one spouse is not willing to participate in mediation
  4. If there is a history of physical abuse or mental abuse among the couples
Mediation is the best way to settle divorce. It saves the couples from mental agony that they undergo while fighting the case in courtroom. The only disadvantage of mediation is that the mediator cannot issue any binding demands on either party. Mediation depends entirely on the cooperation of both the spouses. Divorce mediation does work but only with voluntary cooperation of the couples.


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