In country like India it is well said that only 1 out of 100 marriages dissolve through divorce as per the statistics which is completely lowest in comparison with all the foreign countries where almost 50 percent of the marriage end up to a divorce. India is still having nearly hundred percent marriage success rate but there are social factors which are affecting the Indian society widely which is resulted into shoot up in the rate of divorce rapidly. Divorce Mediation and Lawyer is an important section of lawyers to deal with family disputes.
Urbanization, modernization, awareness and women empowerment are such examples of instigating social factors to raise up the graph of marriage dissolution in India. The dissolution of marriage can be initiated with a petition for divorce on the mutual basis of husband and wife before the court having appropriate jurisdiction. The court tries to push all the limits to make a married relation work and provide 6 months cooling period for seeking a chance of patch-up between the couple. Court also refer the case to mediation centers for dispose off by patch up and and a happy ending of the case.
Mediation in divorce is basically a new way to deal with the raised up issues the matrimonial dispute in a cost-efficient manner. Mediation is a an alternate method to resolve the matrimonial disputes which is non adversarial. Mediation is not in complete function in India but its an effective manner to resolve the raised up hostility because of chain of events taken place between the parties and to get on a proper decision after providing them a chance to resolve the conflicts in a peaceful manner. Lawyers in divorce mediation are the lawyers which are hired by the parties for the divorce through court and they play a vital role in divorce mediation.
They guide their client to understand the better methods to get their dispute resolved through and to advice them about the chances of success through mediation and about the drawbacks like cost and time wastage over litigation and settlement through mediation. Lawyers represent the parties in mediation as well as they negotiate on behalf of their client.
What is Mediation?
Before the arrival of Britishers, India’s justice was based on panchayat system under which the respected and experienced elders were called to serve their assistance as “Panch” in communal disputes. Th e panchayati system is considered as the traditional mediation which is still in continuance in the villages and prone areas of India.
The decision is made on behalf on “Natural Laws” and after considering the wellness of community in long run. It came into existence before centuries, was used by the Britishers of Business class to avail the justice to them through informal procedures. It is an alternate form of dispute resolution which resolve disputes aiming the widest development and wellness by maintaining sustainable growth and harmony.
Mediation strongly resembles to the early method of dispute resolutions but currently the mediation is a legal authority to dispose off the disputes through mediation where parties engage directly with the experts to keep their issues before the mediators. In Divorce cases, mediation gives a space for communication between the spouse to come to a conclusion to solve the disheartened situation raised between them. Matrimonial dispute’s mediation needs privacy and it is expected to be confidential as it is in litigation.
Basically, mediation is a kind of alternate Dispute Resolution where neutral experts help the parties to reach out to a conclusion after sessions of communication and negotiation.
Divorce mediation
In divorce mediation a mediator is third party and neutral who assist the parties to go through separation and to gain agreements on certain conclusions such as maintenance, child custody and rights to visit them. It is an alternate method of conflict resolution through cooperation, communication and settlement between the parties. The role of a mediator is to facilitate and cooperate the couples to figure out their concern, necessities and their interests. The mediator can not impose any decision or any order on the parties rather assist them to explore various option of mutual settlement and to reach on conclusive agreement. It is their duty to make the parties aware about their interest and assure them by providing opportunities to express themselves and ensured them to being equally heard.
Some benefits of divorce mediation are over litigation as it is often time-efficient and cost effective and get settled in lesser time than litigation. The dates in mediation are given as per the convenience of of the involved parties and the dispute can be concluded in less mediation sessions in shorter time period. It is likely to give major control over the outcome of the divorce to the parties through their active-participation rather involving the judge in decision making process. It help the couple to get more tailored agreement that is appropriate and much personalized to their current status of the relation. Divorce Mediation is focused on reaching meaningful agreements though sensible and respectful communication on behalf of common grounds and suitable negotiating terms.
Additionally, divorce mediation is often helpful in preserving the relationships and promotion of sensible and way enhanced cooperation after divorce. It is beneficial and proved as a plus point for the co-parenting of children post-divorce through providing a chance to reach out the mutual solution which lead them to possibility of having positive relation. There are some exceptions in divorce mediation which do not suit as per the subjects of cases such as domestic violence, Mental abuse and imbalances in power between the couple. In conclusion, choosing mediation for the resolution of dispute is voluntary decision which provide couples an alternate way to mutually work upon an acceptable agreement.
Procedures of Divorce Mediation
There are two ways available to go through the process of mediation one by the order of judge to go through mediation and secondly, on behalf of mutual decision of couple to solve the dispute through mediation as it is a voluntary process. Any of the spouse can approach to the process of mediation. in the first situation the court appoint the mediator who is expert in this field or to senior advocate or retired judge and the parties also have right to appoint mediator mutually whereas in second situation the spouse can decide mutually to appoint their mediator and may ask the court to appoint.
In the beginning of the mediation, the parties are expected to assist in providing all the detailed background of the marriage and issues raised between them. They will be asked to sign the agreement of confidentiality related to their understanding that the mediator cannot disclose the facts and sensitive information.
The process of mediation depends upon the mediator, as he can invite one by one and then combinedly for the session and may call with lawyers as per situation for private discussions. Mediators frame the issues after discussion of dispute and assist the parties to figure out their solutions through communication and sensible arguments with cooperation. Lawyers of divorce usually help them in getting understood the issues and negotiation on behalf of the parties. After reaching out to the solutions the mediator make an agreement acceptable mutually to the parties. The statement passed through divorce have equal value as decree of civil court and may be attached by by the court with the final judgement of divorce.
Role of Divorce Mediation and Lawyer
During mediation, the role of divorce lawyer is vital in the process of mediation. They use to advice and provide legal guidance to their clients as well as represent the keen interest of clients individually to the mediator. Divorce lawyer is enriched with the family laws and they explain and aware the respective client about provisions and its implications.
They assist in mediation by representing the case with relevant documents and by negotiating strategically. They help their client by guiding about negotiation tactics. They advocate in the favor of their client’s interest and guide them to reach to the fair and favorable agreement by protecting their rights and interests.
They review the negotiations and agreement before it get finalized and may suggest amendment as per interest of his client. It cannot be denied that divorce is an emotionally challenging process and lawyers help their client in bear out this stressful challenge all over the trial. After the success of mediation lawyers are one who help in drafting of documents and taking out the cases from the court once the mediation get successful.
In conclusion, divorce lawyer plays crucial role in mediation by assuring the protection of right of his client and being equally given opportunities to explain them. They help in safeguarding the interest of clients as well as easing down the complexities of disputes.
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