Introduction
Divorce is a voluntary, structured negotiation process where a neutral party or a mediator assists the parties in solving their dispute by using some negotiation techniques.
The parties have total control over the result of mediation practice. Any party may withdraw from the mediation proceedings at any time before its termination and without giving any proper reason.
It is an informal process to resolve disputes, and the third-party is a neutral one, who tries to clarify the misunderstanding between the parties.
Mediation stirs up the direct participation of the parties in the resolution of disputes. Though the mediator and other participants also have direct and active roles in mediation, the parties play the main key role in the mediation process. They are encouraged by a third neutral party to explain the actual background of the dispute, and identify issues, offer options for agreement and make a final call regarding the settlement.
CAN MEDIATION OCCUR WITHOUT A CASE BEING FILED?
Yes. This type of mediation is called pre-suit mediation. Where both parties, attend a mediation conference to resolve their problem. This is the cheapest way to resolve the dispute and it saves a lot of money in legal fees.
Pre-suit mediation means, going for mediation before a lawsuit is filed means that a litigant has not given up the right to file a case or sue but put it off the opportunity to try and resolve the dispute before it is filed
The mediation process can be held at a mutually agreeable place. It can be the office of the mediator or another private place.
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IS MEDIATION CHEAPER THAN LITIGATION?
The mediation procedure is a speedy, convenient, and less expensive process to resolve a dispute with mutual respect and understanding. Mediation is conducted by a neutral party- the mediator. The mediator remains impartial and detached throughout the mediation procedure. The mediator is a guide who assists the parties to find their solution to the problem.
Refund of court fee is permitted as per court rules in the case of settlement in a court-referred mediation.
Benefits of Mediation-
- Mediation process is private & confidential.
- The Mediation Process is speedy and economical.it saves time as well as a large amount of money.
- Avoid Future Legal Battles
- The procedure facilitates good and effective communication between both parties which is very important for meaningful negotiation.
- Helps in resolving the dispute in a mutual settlement.
- Mediation is a professionally guided problem-solving process, meeting the needs of the whole family and children.
- In Mediation parties get an opportunity to represent their dispute cause in their own words and to actively participate in the negotiation.
Conclusion
Divorce Mediation is a process that evolves as a result of the parties' participation in it. When all the procedures are followed by clients well, it works phenomenally well. Mediation is a valuable resolution tool because the means of reaching a settlement can be varied. It can be the best alternative for certain disputes. In short, mediation is an effective tool against cost and injustice.
It's a fact that clients that choose divorce mediation are significantly happier than those who choose to take their divorce disputes to court. Thus, mediation is the guaranteed possible alternative to litigation.
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