Divorce Mediation Process in Nepal

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Divorce Mediation Process in Nepal

The mediation process is the recommended method in cases of divorce in Nepal. Facing this type of conflict is not easy for anyone, neither for men nor for women. There are dreams that have not come true and an emotional strain that began long before the divorce papers were signed. For those who have children, it is even more worrying, as they are the ones who suffer the most because they witness the family leaving. Some parents even try to use their children as weapons in a divorce process, making it even more painful. But there is a way to avoid much of the suffering and headache. The divorce mediation process is becoming a more friendly and beneficial way to solve problems like this. It is already used in several countries that recommend mediation as the best way to resolve conflicts between couples in a separation. The Supreme Court of Nepal has made District Court Rules regarding Divorce Mediation Process. There are different stages of the divorce mediation process. The parties need to be aware of these steps. The divorce mediator advises both parties. The divorce mediator tends to be a neutral person and gives advice without siding with either of the parties. Here are the steps regarding the divorce mediation process in Nepal:

1. Introduction

This is the first step in the divorce mediation process. You need to have a good mediator. On the first day after having a good mediator, there is an introductory program with both sides present and then make introductions. The mediator will give an opening statement. The mediator prepares a blueprint for how to mediate and in how many stages. He also mentions the role of both parties in the mediation process. This outlines the role of the participants and demonstrates the mediator’s neutrality. He also sets the time frame for the divorce mediation process. He reviews the divorce mediation process guidelines and repeats the issues that have been stated in the court order.

2. Statement of the problem

After the introduction step, the mediator then asks both husband and wife to put forward their problems and cause for their divorce. The problems of both husband and wife may vary therefore it is the most important step of the divorce mediation process. This will help the mediator to actually understand the root of the problem. This will also help both husband and wife to communicate better and put their issues more clearly in front of each other.

3. Collection of information

After identifying the cause of the divorce, the third step is to collect information from both parties. The mediator tries to gain as much accurate information as possible about a child if any and about the properties they have including their ancestral property and their earning. He will question both husband and wife about who will be raising the child after divorce and how much cost is needed for the upbringing of the child. He will also question the ancestral property of the husband, his share in the property, his occupation, and his earning per annum.

4. Identification of the problem

In the divorce mediation process, the mediator then inquires about the problems with both husband and wife. After getting all the information, he tries to identify the real cause and root if the problem that exists between husband and wife. He will then address those issues first that can be solved. After solving the issues, he will then address and tries to solve those issues which seem to be the main and problematic ones. Such as who will be getting the full custody of the child, the expense needed on the upbringing and rearing of the child, and how much property will be divided in the event of a divorce.

5. Bargaining and Generating Options/Reaching an Agreement

After identifying the problem, the mediator then forms the groups and subgroups for the consultation. The mediator then puts the proposal on the table and work out a point of agreement on how far the two sides can agree.

Issues that are covered during the divorce mediation process

The divorce process is an emotional and painful process. The divorce mediation process is here to assist the couples to minimize their problem and pain so that the process of divorce and time period can be shortened. The issues that are covered in the divorce mediation process are as follows:

1. Distribution of Property (Assets/Liabilities)

The issue of property sharing is the main cause of causing disputes. Therefore, the divorce mediator evaluates and calculates the assets and liabilities of both husband and wife. As liabilities also play an important part in the process of divorce. The divorce mediator after calculating the assets and liabilities proposes the distribution of property such that both husband and wife can reach to an agreement.

2. Child Custody and Parenting Time

The Divorce Mediator should ask both parties about the Child Custody and Parenting Time in the Divorce Mediation process. During the divorce mediation process, the divorce mediator tries to find out which parent the child wants to live with the father or the mother and helps to make the decision accordingly. If the child is minor, the divorce mediator consults both the parents and advise them to keep the child with the mother.

3. Child Support/Maintenance

There should be a good discussion in the Divorce Mediation process about who will take care of the children. If the wife’s income is low, then the husband has to support for the upbringing of the child. The mediator should give suggestions to both parties by calculating the cost needed to raise the child.

Conclusion

The divorce mediation process is not just the process that is included by the court as a formal part of divorce proceedings. The divorce mediation process helps both husband and wife to reach to an agreement so that the disputes and conflicts can be avoided. The final settlement of divorce can then be reached easily, simply, quickly, and more importantly with less pain and sorrow.