Mediation assists both parties reach a consensus and helps them maintain an amiable relation after the divorce. Though it is a non-binding process, you should know some terms and precautions before seeing the HC mediator for a divorce case.
Mediation has emerged as a popular alternative to trial hearings as means for settling divorces.
Courtroom drama associated with legal matters takes time and money.
Rules of Mediation
Mediation is an informal process. The couple discusses their issues and conflicts before a professional HC mediator observes the meeting and does not pass a judgment.
The moderator officiates over any agreement reached by the parties. If the mediation is unsuccessful, the matter moves to court.
The mediation session follows standard rules, which are –
- Both parties agree to the non-binding nature of the meeting.
- The mediator is court-appointed and cannot form an opinion of the case.
- The HC mediator acts as a guide to help the couple navigate their divorce and find an alternate solution, if possible.
- The proceedings of the mediation session are strictly confidential.
Advantages and Disadvantages of Mediation
Divorce cases have the emotions of individuals at stake. They tend to get messy and aggravate the dispute.
Moreover, it involves child custody, alimony, asset redistribution, and title changing. Hence, mediation provides a safe space to avoid conflict.
The couple can voice their concern in a neutral presence. It is cost-effective and does not involve any litigation, as no legal personnel is present.
However, a successful session hinges on the cooperation of both parties.
If either spouse tends to assert their dominance or threaten the other, no settlement arises, and the mediator may cancel the session.
Precautions for Mediation
- As we have mentioned, mediation only works when the couple agrees to cooperate. Now, we realize the stakes are high in a divorce case but ensure you control your emotions and thoughts. Personally attacking your partner can only harm the process.
- Set an agenda to make the most of the meeting. Remember that you have limited time to frame your thoughts.
- Ensure you have the paperwork in place, like asset documents, title papers, marriage certificates, prenuptial agreements, etc.
- If you have children, you can attend a court approve Parent Education Program to resolve the custody issues amicably.
Knowledge is Power You can contact lawyers, tax professionals, and child specialists before your mediation. Fill-up the form on our website and get in touch with an expert mediator. The better you know and prepare yourself, the more out of the mediation sessions.