Divorce mediation is the process of involving an unbiased third party into the conflict of two or more involved parties that cannot settle matters without intervention. Divorce mediation is a legal term, but we often do this in a private environment as well.
Often, we settle matters with the help of an uninvolved party, setting some ground rules that must be followed by all the parties. Be it a business matter or a family affair, we use the help of mediation to settle a lot of issues which are difficult for the directly involved parties to agree on.
In matters of family, personal mediation is very common. It is just the more serious version of parents preventing siblings from tearing each other’s hair out over who gets the last slice of pizza. Usually, the children would now have to share the last piece of pizza.
However, divorce mediation in legal terms is a little different from the example above. Though it is still a simple procedure, the key difference lies in the way things go. The above example is just to explain how mediation may work. The key difference is that the final decision in mediation lies with the parties involved and not with the mediator. In a typical case of a divorce mediation, if one party is not agreeing on sharing the last slice of pizza, the case remains unresolved.
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However, divorce mediation helps bring balance to a case, and helps resolve it sooner than either party would have been able to. In legal affairs, usually both, or all the parties involved, want to get the case resolved as soon as possible because the legal fees keep getting accumulated with every day that passes without a decision made.
The cost of mediation is typically shared equally by both, or all the parties involved. Though this is an extra cost in a case, it is still a good way to save each party a lot of time and money in wasted days around the court, with no decision at hand.
Mediators are professionals who are typically unbiased to any of the members in either or any of the parties involved. However, care should be taken that they are as unbiased towards the case in general as well.
Say for example, a couple is getting divorced and is hiring a mediator to decide who gets custody of the child, because according to law, they both stand equal chances, and the decision is up to them. Now even if the mediator does not even know either of the parents, considering it is a heterosexual couple, the mediator could be biased towards the man or the woman in general. He or she might want either of the people to get custody of the child just because of their gender.
This is why the ground rules are there to rule out any such biases. The mediator is answerable for their mediation process and decisions. The parties are answerable for their stances as well. All in all, a truly professional mediator will only help your case.