Introduction
Imagine a family gathered for a holiday dinner, tension thick in the air as somepending conflicts simmer beneath the surface. Conversations become harsh and selfish , and familiar faces turn into reminders of past disagreements. What if, instead of avoidance, they had a tool to navigate these tricky waters—ADR?
Alternate Dispute resolution is a technique wherein the disputes between the parties are solved but not in court , through some other impartial person. Arbitration , Concilliation and mediation comes under this which offers solutions quickly without much expense and are flexible enough to match the evolving world.
But here in this article we would be limiting our discussion till mediation only. Though mediation , concillation and arbitration seems similar , but are having some narrow differences among them which makes them distinct from each other. Arbitration can be said to be a formal one which gives descion and they are binding. On the other hand conciliation and mediation hold one difference between them and that is the previous one is limited till family courts only and the latter one covers most of the issues.
Mediation is not a new concept wherein elders of the village used to bargain for the suitation in a peaceful manner. It was initially formally accepted in Greece and rome. It can be defined as a process in which a neutral third party, known as the mediator, facilitates communication and negotiation between disputing parties to help them reach a mutually acceptable resolution. Mediator cannot be said to be a judge as he don’t gives the descion but just help the parties reach a mutual descion.
Harmony Through Dialogue: Exploring the types of Mediation
Mediation can basically be catagorised into two basic types . The first one is pre – litigation( sec.5 ) mediation and the other is post litigation mediation . Most of the people are aware of the time it takes and monet it takes into going in a court for resolving some dispute. After getting so many dates even a client gets irritated of the procedings and hence many prefer to go to a mediator for amicably resolving the dispute and this is known as pre litigation mediation. Post litigation occurs when the dispute has already been filed into a court but has not come into the trial yet . The discussions can be managed by a neutral mediator. The goal is to resolve the dispute without the need for a lengthy trial, saving time and resources. This form of mediation allows parties to communicate openly, reassess their positions, and find mutually acceptable solutions, even after legal proceedings have begun.
Exploring family issues addressed by Mediation
As already mentioned above that mediation is not limited to some issues like conciliation but can cover wide arena of aspect. Topics like Divorce and separation , child custody and violation right , Divison of property and asset , Alimony and financial support , and dispute among family members etc. are also covered under it. But to make the conversation intresting and crisp we would be limiting our discussion to family issues particularly to topic such as divorce and separation.
Divorce and separation are one of the toughest time a family can go through. Not just the couples but the whole family from parents to children are affected. Many people resist going to the court either due to defemation they have to face or due to the false conception that the result will always be breakage of marriage. Hence they resort to take the help of the mediators who would help them reach a consensual mindset. Now lets discuss about some of the provisions related to this. First comes child custody and visitation , the couple who are having child and needs separation has to come to a conclusion on how would they will meet their children and about their needs. The another provisions which comes is about division of asset and liablity. It details about the division of marital property, including homes, vehicles, and financial accounts, as well as the handling of debts. Third which comes in a que is spousal support which defines the terms of alimony, including amount, duration, and conditions for modification or termination. The fourth one talks about Emotional and behavioural agreements which Sets forth mutual commitments to maintain respect and cooperation, focusing on the emotional well-being of all parties involved. These can be said to be some of the provisions of divorce and sepearation under family law. Now lets come on how the things are structured so that both party may reach to an agreement. Firstly it is necessary to choose a corrct mediator who may hold experience, who makes both the parties understand the matter well. The next task is to understand the issues well so that both the parties can come to know about the lacaunas and what needs to be done. The third step is that each party shall give the correct factual information and other relevant documentation. Flowing into a series of steps next comes exploring the possible solutions and the condition which both the parties may apply on themselves. After a possible solution is found out it is necessary for both the parties to agree to it. When it comes to legal process drafting is an essential task be it in the court or outside of the court . After reaching an agreement, each party may seek independent legal advice before finalizing the agreement. Once approved by the court, it becomes legally binding.
Why Mediation is said to be a Game Changer
CJ Bobde once said in a interview that mediation can be said to be a saviour as it helps resolving around 50% of the issue or the pending cases of the court . Now the reason behind it is gaining populace is because of its cost effectiveness and the time savy quality. Parties have a greater say in the resolution process, allowing for solutions that meet their specific needs rather than being imposed by a judge. Also there is lots of discussion going around the right of privacy which holds a significant importance everywhere and hence keeping this in mind, Mediation proceedings are private, protecting sensitive information from becoming public record. it allows for creative solutions tailored to the unique circumstances of the parties involved, rather than rigid legal remedies. Agreements reached through mediation often result in higher levels of satisfaction and compliance, as both parties have actively participated in creating the solution. These could be said to be some of the main reasons why meidtion holds an important place.
Conclusion
In conclusion, mediation serves as a valuable tool for resolving family disputes, particularly in sensitive situations like divorce and separation. By providing a neutral third party to facilitate communication, mediation allows families to address their issues collaboratively, promoting understanding and respect. Unlike court proceedings, which can be lengthy and costly, mediation is often quicker and more cost-effective, enabling parties to reach tailored solutions that meet their specific needs. This process fosters higher satisfaction and compliance since both parties are actively involved in crafting the resolution. Ultimately, mediation offers a path to harmony and resolution, making it a game changer in managing family conflicts.
