Divorce Guide

Divorce Guide

Advice On Divorce By Mediation

Sarah and David agreed that there is no point in carrying their marital relationship forward. Both were ready for divorce. Sarahís family attorney suggested that they should go for mediation. His advice on divorce through mediation was that it will save money, time, cost, and emotional complications that arise due to divorce.

Settling divorce outside court is a very popular practice. Professional mediators are available as arbitrators. Mediation can be used as a method to settle divorce only if both the parties are ready for divorce. If one party wants to initiate divorce and the other is not willing to give divorce, then the issue can be solved through litigation only.

Mediation is a process where both the parties come along to have a consensus on various issues that arise due to divorce. Divorce raises a number of questions. Who will have the child custody? How to divide the property? How much alimony should be paid? Who will retain the marital house? These are some of the most important issues that revolve around the coupleís life, when getting divorced. The purpose of mediation is to bring the couple to an agreement regarding these issues.

Mediation is an alternative to divorce fought at the court. Thus, mediation is considered as a non-adversarial way of settling dispute. While divorce cases fought at courts are driven by lawyers, in mediation the role of mediator is primary. Experts advise divorce by mediation as a better method when compared to fighting the case in the court.

The Benefits Of Mediation Are:
  • Economical: Mediation is a cheaper method of divorce. If case is dealt through litigation it continues for a long time incurring huge lawyer bills and overhead expenses.

  • Fast: Mediation is less time taking than a court case. Court takes relatively longer time to pronounce the same decree that can be agreed through mediation.

  • Simple: Mediation is a simple process. It does not involve huge paperwork like litigation. The couple is not required to run every other day to the court premises for attending trials. There are no witnesses to be presented and no defense to put forward.

  • Independent: Mediation is completely based on the will of the couples. Whatever agreement they reach is completely their own decision. Itís an independent way of reaching a conclusion where the court cannot interfere.

  • Privacy: Mediation is between you, your spouse, and the mediator. Mediator is expected to keep the case private.

  • Emotionally Balanced: Mediation does not lead to mental or emotional pressure the way court room trials do. There is no opponent lawyer to cross question and pressurize you to say things. Mediator is a neutral arbitrator. His job is to take the case forward in a constructive manner and bring the couple towards a common consensus
Selecting a good mediator is the first step to successful mediation. We should ask the following questions while selecting the mediator:
  1. Has the mediator received formal training in mediation?
  2. Is the mediator experienced in handling divorce mediations?
  3. Has he/she handled enough number of divorce mediation?
  4. Has he /she enough knowledge of the divorce laws?
  5. Do you feel comfortable discussing your divorce with the mediator?
  6. Is the mediatorís fee affordable?
  7. Do you have any reference about the mediator from a friend or family?
There are a number of websites that give information about recognized mediators in your area. However, it is better to have a reference before finally selecting the mediator. Every mediator has his or her own way of settling the issues. Some mediators leave the matters entirely on the couples and advice only where required. Others try to direct the couple towards an agreement by giving various alternatives and options. Whichever approach is followed, the final objective is peaceful settlement of divorce issues.

Mediation is a simpler way of getting divorced. However, when the case is full of complexities and lots of issues are to be debated, then litigation is the only way. But a sane advice would be that divorce by mediation should be considered by every couple before filing the petition in court.

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