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Easy Way Of Getting Divorce In India

It has been seen in India that the number of pendency of cases in court is increasing day by day. Where on one hand the Indian litigation process is lengthy and takes time to get the final decree it has been seen that as the time passes the interest of the parties also tends to get lessen.

The Indian litigation process not only takes time but is costly method as well of getting the dispute resolved. Whereas at end of the day its parties who decide about their matter in divorce case and that court formalities are just for sake of getting things done it is better to opt for the easy method. In this method parties can decide by themselves as who will get the custody of the child, how do that want to divide the property, how the settlement option can work out in case of monitories etc.

The Option of getting the divorce without going to court is Alternative Dispute Resolution (ADR) such as Mediation and Arbitration, where parties can decide the matter with the help of third person without having to go to court and also in private and less acrimonious way.

What is Mediation?

Mediation is a process and one of the ways of ADR where parties take help of the third person to reach toa mutually agreeable solution to the issue in their legal separation or divorce. Mediators help both the parties to discuss the matter peacefully where they can discuss about alimony, child custody, division of property and all the things related to them. However, the process of Mediation does not create any legal bindings on both the parties, but the mutually consented outcomes can then be processed in the court as final decree passed by the court. This process is considered to be the less expensive and most favorable form of getting divorce in less time where in litigation process it takes years to get the final decree through mediation in just six months of time one can get the things done.

What is Arbitration?

Where it appears that through Mediation both the parties are not able to come on mutually agreeable outcomes they can always go for Arbitration. Where Mediation is not legally binding process arbitration allows for the judgements. In this process parties need to be agreed for the choice of arbitrator (it can be in odd numbers) who hears both the side and like the way it can be done in court and then submits the report to tribunal. Which then in turn passes the award which is binding legally on both the parties.

There are some Pros and Cons of the Mediation and Arbitration process such as:

  • They can save money and time along with keeping the matters private and can be less stressful for both partners and their children as well where the custody of the child is the matter of concern.
  • There is no restriction to both the parties as if they think that this process is not working for them, they can always choose to go to the court.
  • The process helps the parties to retain the control of the outcome as there is no judge and they may resolve the matter by discussing the issue among themselves.
  • To get the process done successfully it is important for both the partners to be willing to work and agree towards the solution.
  • Where in court or litigation process one must show all his Assets and Liabilities in the ADR process they can be hide easily.
  • If the matter is decided by Arbitrator one can't go in appeal.
  • If the matter involves physical or mental abuse, then going for the ADR may not be the best option as it won't give protection.
It is always recommended to opt for ADR first than going to the litigation process as it takes time, energy and money as well.

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