Divorce Guide

Divorce Guide


Mandatory Divorce Mediation


Divorce at times takes an ugly shape. Trivial issues involved in divorce get transformed into major ego issues and the whole purpose of a healthy family is lost in the process. In USA where 50% of the marriages fail the scenario is even bleaker. Adversarial method of divorce heightens the family tension and is complicated as well as expensive. Due to all these reasons some states in USA has a provision of mandatory divorce mediation.

Whenever the court receives a divorce petition it orders the couple to first go through mediation. If there are unsettled issues in divorce then court requires the couples to sit together and reach an amicable agreement. Many states have the provision of providing free mediation services to the couples. In divorce mediation the spouses are assisted by a mediator who is neutral to both the parties. The purpose is to avoid litigation and settle the issues in a peaceful manner.

Mediation is a peaceful alternative to settle any kind of dispute. Divorce mediation is a boon for families with kids. The prime focus of divorce mediation is to think about the well being of children and family. The process focuses specially on parenting issues and future of the children. While in adversarial divorce the couple separates on a note of bitterness that persists through out the divorce and continues later also. In mediation however couples try to settle things amicably in the presence of a mediator.

Courts order mandatory divorce mediation because they know and understand the repercussion of divorce on family and children. The idea is to assert the role of family in a healthy society. In USA where so many marriages fail and families break up the society needs a system that encourages a sustained and committed relationship. The role of divorce mediation becomes very important here because the mediator first tries to restore the marriage with the help of counseling. Using his expertise as a counselor the mediator tries to bridge the gap between the estranged spouses. In a few cases the mediator successfully restores the marriage and stops the family from breaking. In situations where he is not able to avoid divorce the mediator tries to reduce the conflict and facilitates a peaceful settlement.

When the court orders mandatory divorce mediation both the couples have to attend a few mediation sessions compulsorily. If the couples are able to reach an agreement on the disputed issues, mediation is continued otherwise the couples employ their own attorneys to fight the case.

We can sum up by saying that courts order mandatory divorce mediation due to the following reasons:
  1. Divorce mediation is a peaceful way to settle disputes.
  2. Mediation solves parenting issues in a better manner.
  3. Divorce through mediation is easier than litigation.
  4. Mediation saves time and money.
  5. Mediation keeps the private issues of the couples under blanket and thus saves them from embarrassment.
Although not many courts in USA order mandatory divorce mediation they always welcome mediation as a way to settle divorce. Couples should resort to mediation to save money and time. Couples who want to save their children from the aftermath of divorce will opt for mediation.


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