Divorce Mediation is a voluntary process where divorcing couples with the help of a neutral third party a.k.a Mediator, negotiate their own divorce settlement by amicably and mutually settling their disputes to avoid or end court litigation. The Divorce Mediator facilitates and assists in communication, recognizing and regulating emotions, identifying data and structure issues, exploration of options and help in making informed decisions to finally reach their own negotiated settlement.
Divorce Mediation does not always end with a negotiated divorce for the disputing couples but more than often it also helps couples to sort out their structural or data disputes to enable them to reconcile their marriage. Therefore, Divorce Mediation is to be treated as mediation for resolving interpersonal disputes in matrimonial relationships.
To understand better, it is necessary to understand ADR?
Alternative Disputes Resolution (ADR) has been recognized and given legal sanctity for being a legal, effective and efficient way of resolving interpersonal and other kinds of disputes.
There are various methods under ADR like Arbitration, conciliation, and Mediation. However, Mediation is the most popular and sought-after method mostly in interpersonal disputes like Marriage, Divorce and child custody disputes.
Types of Divorce Mediation
There are primarily two types of Divorce Mediation.
1). Court referred and
2). Private Divorce mediation.
In Court referred Divorce Mediation, there is a mandatory referral although the process of meditation itself is voluntary, so as to its scope and the outcome of the mediation. The Divorcing Couples could decide on which issues they would like to go for a negotiated settlement. They can also decide if at all they want to remain in the process of mediation for reaching a final outcome or not.
The Private Mediation process can be initiated either jointly or by anyone spouse by engaging a certified Divorce Mediator. The Divorce Mediator then seeks approval for engagement in writing from both or the other spouse, as the case may be, to start the mediation process.
The process to be followed by the Divorce Mediator remains the same in both Court referred and Private Mediation. All matrimonial issues, which otherwise would have to be fought in the adversarial system of court litigation like spousal alimony, maintenance, Child support, Child custody and visitation rights, judicial separation, nullity of marriage or divorce itself can be resolved effectively and much faster in Divorce Mediation.
Stages of Divorce Mediation
The Divorce Mediator in various stages of the mediation process uses different techniques of communication and negotiation to assist the divorcing couples to resolve their conflict and to arrive at a mutual and amicable settlement. The mediation process is flexible but could be categorized into and works under the following stages:-
Stage 1. Introduction and opening statement
It is the first stage after engagement of Mediator with the Divorcing couples and invariably in a joint session setting, where both the primary parties to the dispute are present maybe with their agents or secondary parties. The Mediator opens up the process by self-introduction and his neutrality to all the parties and further intimating the parties the ground rules and basics of the mediation process.
Stage 2. Joint session
In a joint session of Divorce mediation, the Mediator tries to gather information about the dispute by asking open-ended questions. This stage is used also to allow parties to vent out their feelings and emotions. The focus of Divorce Mediator always remains to understand the underlying interest and/or problems of the divorcing couples.
Stage 3. Separate session or caucus
Separate session means when Divorce Mediator separates the disputing couples and talks to one of the spouses separately to verify facts, seek hidden information, do reality testing and generate and analyze options for settlement.
Stage 4. Settlement writing
Finally, the Divorce Mediator records the terms of settlement arrived mutually by the Divorcing couples either for reconciliation or for separation by Divorce and custody of children, if any. The Divorce Mediator makes sure that legal compliance of the settlement is possible.
The core principles of Divorce Mediation is self-determination and being party-centered. The Voluntary process relies upon the fact that it is the divorcing couples, who decide their willingness to start the mediation process and its scope. The parties have the liberty to make their own voluntary and informed decisions to achieve a common goal.
If you are in a dysfunctional marriage and looking for a quick divorce, visit our website https://medvorce.com for a free registration by creating an account to find if you are qualified for a mutual and uncontested divorce. Let’s Start a WhatsApp chat.
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