Is Mediation the Right Choice for Your Divorce?

In the matters of divorce, mediation is considered as a primary approach in dispute resolutions. ADR is the alternative dispute resolution system in which a third impartial party is appointed to resolve a dispute. 

It is a way to resolve a dispute amicably. Divorce mediation is a process in which a neutral third party known as a mediator facilitates communication and negotiation between the married couples. 

It helps the couple to reach mutually acceptable agreements regarding issues like child custody, property division, and financial matters. The courts are loaded with heavy workload so they take more time K. Srinivas Rao vs. D.A. Deepa, 2013,e in deciding a divorce case. The mediation procedure takes less time that is why the parties prefer it.

Types of Mediation

• Mediation through court: Section 89 and Order 10 Rule 2 of the CPC talks about ADR mechanism. It deals with the court-ordered mediation for pending cases.
• Private Mediation: These are the qualified mediators who provide private service. The court or any member of the public can avail this service for free to settle any dispute. It is helpful in handling pending court cases as well as pre-litigation issues.
• Mediation in Divorce: If the couple believes that their relationship can be saved, they visit a mediation centre. The mediator attempts to bridge a gap between the couple. These mediation centres have their own set of rules which the parties need to follow.

Duty of the Court

Section 9 of the Family Court Act talks about the duty of the family court. It states that it is the duty of the family court to assist the parties in the settlement of the disputes if the nature and circumstances of the case permit it. The Court may adjourn the proceeding at any stage of the suit if the court thinks that the settlement of the dispute is possible.

This section makes it mandatory for family court to settle the matrimonial dispute relating to child custody, maintenance through mediation.

In the case of  The court held that mediation is a must before a divorce. In the case of cruelty, it is advise that mediation centers should consider the matter first and after this, the criminal court can deal with this complaint. If the cruelty is of a serious nature then the court can deal with the case without referring to mediation first.

Advantages of Mediation

• The mediation has many benefits so it can be a viable option for couples who are considering divorce.
• Mediation is less expensive than court proceedings. The cost of summoning, court fees and other expenses can be avoid in case of mediation.
• The neutral third party will encourage the parties to settle the dispute amicably. The agreement will be enter amicably.
• The mediation fixes the problem in most of the cases. It works for both parties to find a mutually beneficial solution to the problem.
• Mediation is a quick process as it settles the disputes in 2-4 meetings. The divorce procedure takes a longer time as it has to pass through a long procedure.
• The party may feel more comfortable in the mediation procedure as they have to explain the dispute to only one person.
• The parties have control over the mediation process as they can decide the dates for processing, the location to proceed, and even the mediation process.
• The decision of the mediator is not final. The parties are free to take exterior assistance to resolve the conflict. The parties can at any time end the mediation procedure and opt for a divorce proceeding.

Disadvantages of Mediation

• In this procedure, the mediator cannot force or compel either of the parties to cooperate. It is the choice of the parties whether they want to cooperate or not.
• The parties are not bound to accept the conclusion of a mediator. The party can anytime end the mediation procedure.

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