Role of divorce mediator
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In the process of divorce, the spouses are rarely able to regulate maintenance, property, and childcare by mutual agreement. Because the nerves are bare, quarrels can quickly arise, often for nothing. Therefore, the spouses need support, for example through divorce mediation. Instead of breaking a lawsuit over every dispute, inexpensive divorce mediation can be taken which can greatly reduce the cost of a divorce. The divorce mediation can clarify divorce conflicts without litigation and the spouses about all relevant legal situations regarding their divorce. Some of the mediators are additionally trained lawyers.
Table of contents
Divorce mediation is the process of appointing a neutral third party to hear a divorce dispute and avoid disagreement between husband and wife. The word mediation is often confused and differed with the word arbitration. Arbitration is a different form of dispute settlement by a third party. The Arbitrator evaluates the evidence presented by both parties and makes a judgment. Whereas, in divorce mediation, a mediator listens to both parties and tries to find an effective way of dispute settlement. It provides a forum and an amiable atmosphere to seek options for resolution of a divorce dispute. The divorce mediator, who may be a lawyer or a specially trained person, has no decision-making power and cannot force the parties to accept a settlement. In family law, for example, divorce mediator assist spouses by reaching to an agreement or reducing conflict over the future arrangement for children or their finance. Prolonged divorce cases in court can increase costs and grievances, so having a mediator can lead to a quick divorce.
How to appoint a divorce mediator?
According to Article 97 of the Civil Code, 2074 BS, if a petition is filed for divorce, the court should send both the parties to the Reconciliation Center for reconciliation. If all the means of reconciliation is exhausted, then a divorce mediator must be appointed. divorcenepal.com has many experienced mediators for the purpose of providing free advice on divorce. We have a team of legal practitioners both male and female who have more than 30 years of experience in divorce cases. The names of mediators are available in district court. The right mediator may be worth a drive. Now call each of the mediators and check him or her out.
Role of a divorce mediator
A divorce mediator never forces you to make a decision. His role is to assist you both husband and wife to take a decision in case of any disputes and conflicts at the time of divorce. Here’s what the divorce mediator does:
1. Identification of dispute
A divorce mediator brings both husband and wife together and creates the environment for healthy discussion and consultation. So that both of them can hear themselves out, and understand the cause and the root of the disputes. Disputes arise when there is no communication between husband and wife for a long time. In Nepal, most husbands go abroad for employment. Disputes are created due to not living with the husband for a long time. When discussing a dispute before a divorce mediator, the husband and wife get the opportunity to discuss the subject of the disputes between them.
As the divorce proceedings continue in the court, the final judgment is based on the will of the judge. The disputes and conflicts will not be solved if the divorce judgment is not in favor of one party. But if you appoint the divorce mediator, disputes, conflicts, and misunderstanding between husband and wife will be solved. Disputes over personal property and child custody are best resolved by the parties themselves through mediators.
3. Lesser time
It takes less time to resolve a dispute through a divorce mediator. When you go through a divorce case in the court with unresolved disputes, then it will take along time. As the court has to exam the witnesses, check the authenticity of the evidences, calculate the property, and divide equally, etc. Solving the dispute through divorce mediation will be advisable for you if you want your divorce process to be short and less painful.
The cost of divorce is highly reduced when the dispute is resolved through a divorce mediator. Resolving the disputes through divorce mediation can save you an enormous amount of time, energy, and expense associated with a divorce case. Prolonged debates and lengthy court proceedings cost a lot of money.
In the divorce proceedings in the court, a long open session discussion is held, and therefore there is no confidentiality at all. Everyone present in the court will know all about your issues which needed to be a private family issue. However, when you solve your disputes through divorce mediator, all your communications are kept confidential. When you reach to a mutual agreement through divorce mediation, your decision will be accepted by the court. So your disputes will be a secret and will not be discussed publicly. Likewise, the conversation that takes place in front of a divorce mediator is not counted as formal evidence that cant be presented in the court.
6. Permanent settlement of the disputes
Research shows voluntary agreements through divorce mediation are far more reliable. It is because both parties make commitments to solve the disputes and stick to the solution of the disputes. there is no re-dispute when divorcing through mediation. Divorce through mediation ends the dispute forever.
7. Desired outcome
When the divorce case and the disputes in relation with the divorce are settled in the court, there can be a win lose or lose-lose condition. That is one spouse may win and other remain unsatisfied that may result in future disputes and lawsuits. On top of that, you had already invested your time, energy, money in the long process of a divorce case. Losing in the court case after such lengthening, painful, and the tiring procedure can cause disappointment. Therefore, it is wise that you resolve all your issues through divorce mediation. This way all your issues will be resolved mutually and so both sides that both husband and wife can win.
Divorce mediation is a helpful procedure for both husband and wife to resolve their issues. So both of them can obtain the desired outcome at the final court settlement of your divorce case. Divorce Nepal has the authorized and efficient lawyers who can act as a mediator for you and advise you at free cost.