| Today, for significant portion of adult and children | | | | trained professional who doesn't force rather assists |
| marital and family relations are neither straightforward | | | | the parties in their own negotiation without making |
| nor stable. In the US, according to the recent | | | | decisions for the parties. A mediator rather help the |
| researches 13.8 million children, 25% of those under the | | | | parties understand what is happening to them and |
| age of 18, are living with only one parent and another 5 | | | | encourages them to negotiate in good faith that brings |
| million children in two parents homes live with a | | | | fruitful results in future. |
| biological parent and a step parent. And it is a clear | | | | Mediators most often are appointed by the court, |
| estimation that half of the marriages will end up in | | | | usually with agreement by the lawyers for both sides. |
| divorce. | | | | Mediators come in several varieties. Some of them |
| Now, when the problem of family disruption is a | | | | are professional private mediators, many of whom are |
| widespread, the question of how to minimize the pain | | | | lawyers. They eliminate the need for a jury trial about |
| of disruption arises with growing number of | | | | 90 percent of the time. Others are volunteer mediators |
| professional. | | | | and many of them are retired attorneys or nonlawyers |
| If we are establishing minor dispute mediation centers | | | | trained by Dispute Resolution Services. Their |
| in the country and developing effective divorce | | | | settlement rate is 65 to 70 percent most of the times. |
| mediation efforts, however not only must we be | | | | After a long course of hard work, if divorce mediation |
| knowledgeable about the process of mediation but we | | | | doesn't suit, the parties should consider a collaborative |
| must also ground the knowledge in substantive | | | | law divorce. It is a process in which the parties and |
| understanding of the broad-range impact of the | | | | their attorneys agree to resolve all issues in an |
| divorce on people's lives. | | | | atmosphere of cooperation, honesty and integrity with |
| According to a research, there are at least "six | | | | out being engaged in adversarial tactics in or out of |
| divorces" contained in any marital breakup which count | | | | court. |
| as emotional, legal, economic, co-parent, community, | | | | If divorce mediation and collaborative divorce do not |
| and psychic divorce. | | | | work for a given couple, the parties may choose the |
| Today, as mediation is very common, some states of | | | | adversarial approach (keeping its cost in mind). |
| the US have quite constant and broad use of divorce | | | | Mediators often seek to better meet the supposed |
| mediation e.g. Taxes and Connecticut. On contrary, in | | | | advantages of the mediation process over litigation. |
| many other states the divorce process is made | | | | The general benefits and advantages argued to be |
| complex and difficult hoping that this will improve the | | | | seen as a result of divorce mediation include: |
| quality of families. In fact this attempt has saved many | | | | - Both the parties are free to air their concern. |
| marriages but, if the marriages cannot be saved what | | | | - A neutral person assists both the parties |
| is the next alternative? | | | | - The approach is always nonadversarial |
| Usually divorcing couples lack information about the | | | | - Both the parties have control over the outcome |
| divorce process and are unnecessarily fearful of what | | | | - The costs are cut to a great extent |
| may happen. Many just wanted to know their rights | | | | - No one's privacy is hurt |
| for years; the "knee jerk" reaction was "I'll get an | | | | - A settlement agreement according to the family's |
| attorney." | | | | needs |
| This is at the responsibility of the divorcing couples that | | | | - Avoidance of litigation |
| they should supply themselves with sufficient enough | | | | Extensive researches show that mediation is the |
| knowledge about divorce so that they have a choice | | | | appropriate way but the argument is the field is still |
| of which divorce process is best for them. In most of | | | | lacking knowledge on the effect of personality styles |
| the situations at least 95 percent of all divorce cases | | | | on mediation outcome. Despite substantial support for |
| settle rather than being tried to conclusion. | | | | divorce mediation disadvantages do exist. |
| A divorcing couple must subject themselves by asking | | | | Divorce mediation may not be appropriate for both the |
| how much time and energy do they waste on the | | | | spouses undergoing the process. It has several |
| way to a hostile or angry settlement? Are there better | | | | disadvantages as well: |
| ways to achieve settlement? The answer is yes! | | | | - The other spouse may not cooperate and you can't |
| There are better ways to achieve settlement. | | | | force him/her. |
| Divorcing couples should consider their options in a | | | | - The other party may try to show dominance over |
| constructive and progressive manner starting with the | | | | you and here a court lawyer can only offset the |
| least hostile approach, divorce mediation. | | | | imbalance. |
| The term "mediation" got significance in the area of | | | | - The other spouse may frighten or threaten you, and |
| family law for about 25 years now. As the family | | | | once a spouse is afraid of personal safety, the |
| problems are becoming extensive, likewise divorce has | | | | participation interest drastically drops down. |
| become so very common. And thus every involved | | | | - Others argue that the decrease in the cost of |
| one is in search of an effective a way-out. A divorcing | | | | mediation and the higher fee of lawyers is due to their |
| couple knows that divorce just doesn't end everything | | | | high expertise in the field and only they can better |
| about a marriage, though it ends the legal contract | | | | predict the appropriate outcome of the case. |
| between a husband and a wife but, it shatters the | | | | Therefore, every divorcing couple must try to settle |
| household that was based on that marriage. It also | | | | down their marital issues within themselves. If they |
| cannot break the relationship that the children of the | | | | can't go that way at least they must not hide anything |
| marriage create merely by existing. | | | | from one another and should undergo the mediation |
| Mediation, also called as "alternative dispute resolution" | | | | process leading to a conclusion. In circumstances, the |
| is a process by which an impartial third person | | | | situation goes out of hand and both the spouses |
| (sometimes more than one person) helps two | | | | cannot reach to conformity, the traditional adversarial |
| discordant parties to resolve dispute through a mutual | | | | approach could be a final resort (bearing the costs in |
| concession and face-face negotiation. A mediator is a | | | | mind). |