Divorce Guide

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Divorce Mediation Questions


Whether to settle your divorce through mediation is a big question mark. Couples have plenty of divorce mediation questions in mind. Adversarial divorce being the common form of divorce, couples generally have lots of dilemma about divorce mediation. Couples feel that mediation will fail to protect their legal rights the way adversarial divorce does. Here we will try to answer a few divorce mediation questions about divorce mediation so that divorcing couples understand its meaning and purpose.

What is divorce mediation and how is it better than adversarial divorce?

Divorce mediation is method by which the couple settles the disputed issues in divorce with the help of a mediator. The mediator is a neutral person who has the role of a facilitator and encourages the couple to settle things peacefully. Mediator is equally fair to both the spouses and takes special care of children’s needs while drafting the divorce agreement.

With the help of mediator the couple reaches a fair divorce agreement which is ready to be sanctioned by court. Divorce by mediation is better than adversarial divorce because it is a peaceful way to settle divorce. Couples do not get engaged in heated arguments in the court and rather negotiate the issues in a logical manner with the help of a mediator.

Mediation turns out to be cheaper as mediator fee is shared by both the couples. While in adversarial divorce huge cost of lawyer’s fee is involved. Mediation is less time taking and a simpler process.

Is every case fit for divorce mediation?

Normally every case is fit for divorce mediation. The basic essence of mediation is that both the spouses should be ready to participate in the process. It should be the voluntary decision of both the couples to go for mediation.

Divorce mediation is unfit for the following cases:
  • One spouse is not willing to settle the case by mediation
  • One spouse is not present or absconding
  • There is history of physical abuse or offence in the marriage
  • Couples do not get along and are not ready to cooperate
Most important key to successful divorce mediation is cooperation of both the spouses. The couple should have individual participation and should reveal the facts related to their marriage honestly to the mediator.

What is the estimated cost of divorce mediation?

Mediation turns out to be cheaper than litigation. The plus point is that it takes less time and the cost of mediation is shared by both the parties. Mediators generally charge on the basis of sittings held with the couples. For a five sitting session the average rate is $ 3000 – $ 4000. This is the combined rate and is later shared by the couples.

On an average couples save $1000 - $2000 by opting for mediation over litigation.

Is divorce mediation agreement acceptable by court?

Divorce mediation agreement is acceptable by court if all the clauses are legally valid. The judge generally checks the agreement for its fairness and equitable distribution. But because the clauses in mediation agreement are drafted with the agreement of both the couples it is easily sanctioned by court.

Hope the above set of divorce mediation questions answers the basic queries for the couples opting for mediation. To conclude mediation is a peaceful, simple, and economical way to settle divorce.


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