In this blog post, Abhay Singh, a student of Amity University, Rajasthan, who is currently pursuing a Diploma in Entrepreneurship Administration and Business Laws from NUJS, Kolkata, discusses the advantages of mediation during divorce proceedings. 

Introduction

Mediation is not new in India; it was in India before the arrival of Britishers where the matter was solved with the help of the Panchayati system. The Sarpanch sorted out the problems with the help of mediation between the parties in the village, even for business association mediation played a crucial role. The business associations used to call respectful business person known as Mahajan who used to settle their disputes by use of informal practices which are instances for the existence of mediation in early time.

Mediation encourages the parties to involve directly into the matter which goes according to the laws and as per the interest of the parties. Meditation helps in striking resemblance.

Mediation takes place with the help of Mediator who plays the role of peacemaker in the proceedings. If it is a dispute settlement informal process where parties are brought together on a common platform and are being consulted regarding the issues between them. The mediators try their best to find out a resolution to the dispute. Mediation is not binding, but it provides a solution which may be an option for the parties to their best interest.

Advantages Of Mediation

Mediation has various advantages some of them are as follows:

1. Cost – While the mediation can charge same fees as that of an advocate, it takes less time and thus helps the parties to save hourly costs which are higher in the case of filing cases in court which may lead to increase in the cost of the proceedings ultimately.
2. Confidentiality – It helps in maintaining confidentiality as the court process is done in public but the mediation process does not involve public only the parties to the dispute and the mediator. The mediator is also not testified in court for the mediation proceedings even some of the mediators destroy their notes after the mediation proceedings are done.
3. Control – The control in mediation process stays with the parties as in court cases control is in the hand of the judge who provides legal judgments but in mediation, there are no such aspects.
4. Mutuality – As the parties come to a mutually ended solution with the help of a mediator, so also there is a level of mutuality which is being developed.

Process of Mediation

It is a process which is not binding on the parties and is an informal process.

The proceedings start with the introduction of how the proceeding will be conducted, and both parties are given the opportunity to tell their problems one by one.

At the end, there is a cross-questioning from both parties by the mediator, and once the proceedings are ended on the basis of the answers by the parties, the mediator provides a solution to the problems which totally depends on the parties whether to accept it or not.

The solution provided to the parties is not binding on the parties. Mediators provide a point of agreement.

Mediation in Divorce

2 out of 10 cases are seen of domestic violence and quarrels daily. Marriages end up in divorce. People file divorce suits in the courts which normally take more time as many cases are pending in the courts. These days Mediation is common in some of the states of the US.

Divorcing couples should start on with the least hostile approach to initiate the divorce process. Because of growing family problems divorce has become common. Divorce usually ends up as a legal contract between the parties. Mediation helps the two discordant parties to solve dispute mutually and come to a conclusion which may either or save their marriage.

In this case, the mediator is usually appointed by the advocates of both the parties. The mediator can be a professional personal mediator or a lawyer, some of them are retired advocates while Dispute Resolution Services are training some of them.

Advantages of Mediation in Divorce

1. Both the parties have liberty to discuss their issues face to face.
2. Involvement of the third party, i.e., Mediator who is a neutral person.
3. Meditation helps in maintaining the confidentiality.
4. It saves time and cost as litigation process takes lots of time for the matter to be resolved.
5. Issues are being solved mutually among the two discordant parties.