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Mediation As An Alternative For Divorce Cases

By Janelle Elizabeth

Republish: EasyPublish™
Published: 20Dec2010
Word count: 450
Viewed: 230 time(s)

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A lawsuit must be filed to dissolve a marriage, at least in areas where divorce is legal. However, it does not necessarily mean that couples would have to go through the conventional path of litigation just to work out the divorce terms. Many are turning to mediation nowadays to iron out disputes and negotiate the provisions of the split-up.

Mediation is a process under alternative dispute resolution (ADR) that involves both parties and an impartial third person—called mediator—who can facilitate the communication and resolution, promote understanding and voluntary accord and lead them towards a unanimous decision and amicable settlement but not impose or implement his own solution.

This procedure may either be voluntarily agreed to by both parties or referred to them by the court. Either way, mediation aims to create an impartial, legally sound, and mutually satisfactory divorce agreement, steer clear of the cost and trauma that often come with a full litigation, and lessen hostility and post-dissolution hullabaloo.

Divorcing couples have become increasingly frustrated with too much expense and time delay associated with an overburdened trial system especially with the number of divorces mounting. They seek ways to have better control in determining the particulars of their divorces. In the same manner, the court system saw that it would be important to develop means of handling disputes outside the courtrooms so as to lessen the number of cases being tried, among other reasons. Thus, the increase in court-related mediation programs is not surprising.

Child custody disputes are required to go through mediation in almost every state. Most of the court systems in the country also provide services like education seminars for divorcing couples, conciliation services, early conflict intervention, community dispute resolution centers, and settlement conferences. Nowadays, mediation is the prevalent form of alternative dispute resolution for divorcing couples.

Because there is probably going to be a continuing relationship between the parties, especially for the sake of the children, mediation is essentially the best for divorces and family law proceedings. These partners usually find more satisfaction when they mediate compared to those who went to court. Furthermore, the couples adapt skills to aid in resolving future conflicts.

On the other hand, when one side does not or cannot fully express opinions without fear or when both sides decline to compromise in good faith, mediation will not work. Moreover, the mediator may be unable to deal with complex financial engagements involved in divorce settlements especially if he or she is not a lawyer. This is also the reason for consulting with your lawyer before the mediation process begins and towards the end, before you sign the documented agreement terms.

Mediation is a process under alternative dispute resolution (ADR) that involves both parties and an impartial third person—called mediators—who can facilitate the communication and resolution, promote understanding and voluntary accord.

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