Mediation in Divorce

Introduction
Mediation is not new to India it has been found in the India before arrival of Britishers where
the matter is being solved with help of Panchayati system where punch sort out the problem
with help of mediation between the parties in village even for business association mediation
played a crucial role. The business associations used to call respectful business man known as
Mahajan who use the settle their dispute by use of informal practise which are instances for
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. Mediation helps in striking resemblance.
Mediation takes place with help of Mediator who plays the role of peacemaker in the
proceedings.
It is basically a dispute settlement informal process where parties are being brought together
on common platform and are being consulted regarding the issues between them and
mediator try their best to find out the resolution of the dispute. Mediation is not binding but it
provides solution which may be opt by 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 the advocate but it takes
less time and thus helps the parties to save hourly costs which is higher in case of
filling cases in court which may lead to increase in 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 involves public only the parties to the
dispute and the mediator and the mediator is also not testified in court for the
mediation proceedings even some of the mediator 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 provide legal judgements but in mediation
there are no such aspects.
4. Mutuality As the parties comes to a mutually ended solution with the help of a
mediator so the is level of mutuality which is being developed.

Process of Mediation
It is a process which is not binding on the parties and is informal process. The
proceedings starts with the introduction of way the proceeding will be conducted and
both parties are being given the opportunity to tell their problems one by one and in
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 mediator provides
solution to the problems which is totally on the parties whether to accept or not. The
solution provided by the parties is not binding on the parties. Mediators provide point
of agreement.

Mediation in Divorce
2 out of 10 cases are seen of domestic violence and quarrels daily. Generally
marriages end up with 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 legal contract between the parties. Mediation helps the two
discordant parties to solve dispute mutually and come to conclusion which may either
can save their marriage.
In this case mediator is usually appointed by the advocates of both the parties.
Mediator can be a professional personal mediator or a lawyer, some of them are
retired advocates while some of them are being trained by Dispute Resolution
Services.
Advantages of the Mediation in Divorce
1.
2.
3.
4.

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