File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

The Role of Mediation in Divorce: Pros and Cons

Divorce can certainly be one of the most fierce life crisis. It usually implies the presence of strong feelings and making important decisions about the future. For some, the whole idea of a divorce is frightening enough because it conjures images of court, fights, and other nasty confrontations. But, there is a substitute, divorce mediation.

The Role of Mediation in Divorce : What You Need to Know

Mediation in divorce cases is a method that encourages accords between the parties to end a marriage where an impartial mediator assists. Mediation works differently from court proceedings where the judge is the only one who determines the decisions, because there are certain negotiations made in order to come to an agreement that is acceptable to all involved.

Pro's of Mediation:

  • Reduced Duration
    The duration of trial is longer compared to the duration for mediation. While court hearings and other legal processes may cover months or years, resolution of the case in mediation may take one or a few sessions which helps both parties go back to their normal activities as soon as possible.
  • Adaptability
    Mediation permits alterations that are otherwise impossible in a courtroom. They get to and are encouraged to design the quantities of the strategies or agreements that they make because of their individual likings and the exceptional characteristics of their families, which is what a normal court decree may not accommodate.
  • Financial Consideration
    This method of resolving issues is less expensive since it takes a shorter duration of time and many fewer formal processes and procedures to undertake than the traditional method of divorce.

Con's of Mediation:

  • Difficulty in Uncovering Concealed Assets
    One partner might lose out if the other partner is concealing some assets. Unlike courts, mediators cannot compel discovery; they can just trust both parties, which is very rare. Trust has to be earned or created.
  • Mediators Do Not Provide Legal Advocacy
    It is imperative that all parties to the negotiation and both the attorneys and the mediator retain their orientation towards achieving the goals. All that the mediator has in mind is whether the parties will be able to come up with the best options available to them.
  • An Involuntary Process
    Mediation is possible only if both parties engage to the said process. There is a high chance that the mediation will not be successful if one spouse is resistant and in such a case, litigation becomes the only option.

How law chef can elevate your mediation to the next level?

It is essential to note that whichever way one chooses to approach one's divorce will impact not only the legal aspects of the process but the emotional and economic wellbeing during and a long period after the divorce has been finalised. It is important to look into everything and find the appropriate counsel who will make sure that your rights and interests are properly represented. Our lawchef mediators team, with their expertise in mediation, can help guide you through each step of the mediation process.
The duration of trial is longer compared to the duration for mediation. While court hearings and other legal processes may cover months or years, resolution of the case in mediation may take one or a few sessions which helps both parties go back to their normal activities as soon as possible.

Law Article in India

You May Like

Legal Question & Answers



Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage

Titile

It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media

Titile

One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...

Titile

The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...

Titile

Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly