The Role of Mediator in Divorce Proceedings

Mediation of divorce cases

Divorce involves emotions that need to be treated with care. Spouses with minor children will need to think about child custody, child support, and visitation. All of these issues will need to be discussed and resolved in a collaborative way between the spouses.

The mediation process gives the parties’ involved ample time to sort out their differences and realize the best interests of the child while they decide to separate their paths. Children of a young age may fall into an emotional cycle trap that may have a detrimental effect on their mental health.

The disputed parties agree and disagree with issues that involve a divorce process and the issues agreed upon must be included in a divorce document that will be legally binding on both parties.

In the divorce process, the mediator will act as a third-party neutral party who will help to bring together the agreed topics and not push his own ideas to the parties. The divorce mediation process saves time and avoids court appearances and legal petitions.

How do you appoint a mediator? 

Article 97 of the National Civil Code 2017 provides that, where an application for divorce is brought before the court, the court must give the parties to the dispute time to forge an amicable understanding and settlement of disputes.

The court then forwards the case to a mediator who can then play a crucial role in bringing the case to a hearing. Disputed parties together so that they can discuss their differences on the basis of their family circumstances and reach an agreement that is agreed upon by both parties.

 Identification of the causes of the dispute 

The mediation process helps the spouses to open up their differences and decide what is best for them and the children involved with a special focus on their circumstances. The mediator will work together with the disputed parties to provide the parties with confidential time to resolve their disputes.

At times, differences may arise due to a long communication gap, as one of the spouses may have been overseas for work reasons, leading to trust issues. Adopting divorce mediation can help in cases where the spouses have the best option that suits them and their children.

The petition for divorce, when it reaches the court, is for the judge to decide whether to grant a divorce after examining the documents before the court. Evidence MUST support the petitioner’s claims.

In the event of a divorce mediation, the parties to the dispute can decide for themselves what is good for them and agree on issues that involve divorce, such as fair distribution of property, child custody, child support and visitation rights.

Speedy

Divorce mediation is faster and time-saving. It allows the disputed parties to come to an agreement through a discussion of the relevant issues. The agreed clauses are included in the draft agreement, which will be binding legal documents for them.

This avoids court difficulties and makes divorce litigation less expensive.

Affordable

The costs of litigation are reduced as the matter concerns the mediation of divorce. There is no courtroom appearance and the mediator will hold sessions where cooperation MUST be demonstrated.

The mediator helps negotiate a settlement in a divorce mediation that is acceptable to the parties to the dispute. The long court experience will have less mental stress.

Confidentiality

Sessions held in court are open which do not allow confidentiality. Lawsuits are matters of public record and the adoption of divorce mediation through the agreement keeps matters confidential.

Discussions held before the mediator during the sessions cannot be taken as evidence.

The Best Process for Family Settlement 

Research shows that voluntary agreements made during the divorce mediation session are far more dependent and leave less room for dispute. Divorce mediation closes the case.

The parties to the dispute may raise their issues in order to forge an understanding that addresses the needs of all concerned, including the case.

Avoid bad outcomes

The mediation of divorce provides the win-win of the disputed parties. The situation as disputed parties has been saved from litigation and possible unequal outcomes.

The outcome of the dispute may not satisfy the parties concerned to keep grudges intact. The disputed parties shall be saved from negative outcomes. Conflicts are resolved in friendly terms.

How is mediation carried out in the case of a divorce? 

Divorce mediation may be carried out in a specified manner: 

The first step: 

MUST be assigned to a mediator. When the mediator is assigned, the mediator shall be introduced to the disputed parties at the first session held. The mediator shall brief the mediator on his duty as a mediator and the process in general. He/she then outlines the design of the mediation session.

The plan shall include the role of the participants, the timeline for the process and the neutral position of the mediator. The guidelines for mediation will be reviewed and the mediator will briefly revisit the issues that have been discussed before he has heard them as issues.

State your problems/Issues

At the second part-session of the divorce mediation, the disputed parties are asked to raise their differences and the issues that concern them. The mediator gives both parties an opportunity to discuss and hear them in detail.

Upon hearing the differences between the parties in dispute, the mediator will identify the real issue that concerns the spouses.

Collect information 

Divorce mediation involves emotions, including issues of child custody as to who will be in custody and what responsibilities will be shared. What is the current status of the spouses as to who is doing what they are doing in terms of sharing their duties?

The maintenance cost MUST be calculated in order to take care of each other. The spouses are asked about the property. These questions will help to understand the economic situation of the spouses and, as a result, the responsibilities are assigned. 

Identification of problem 

The spouses MUST be asked about the issues that bother them. Identifying a problem will help to identify a possible solution that is acceptable to the parties to the dispute. The mediator is trying to figure out the common denominator that will bind the participants involved in the mediation of divorce.

Issues related to children’s education as to who will be responsible for medical bills, education, child support, and how these expenses will be incurred. Property will be equitably distributed in order to execute divorce mediation plans.

Discussing options / Reaching an Agreement

Once the problem has been identified, the issue must be discussed in the sessions giving each disputed party the opportunity to put forward their arguments and how they would like to address the issue that has arisen.

The discussion will take place in each of the groups and sub-groups formed during the mediation session. The mediator MUST table the proposal and point out the identical points and discuss about the differences.

The issues covered shall include but not be limited to the following: 

1. Equitable Property Distribution (Assets/Liability) 

2. Child Custody/Support for Children (including education, medical care) 

Care) Parenting Time 

3. Right of Visitation 

4. Retirement

Should you have any questions please do not hesitate to contact us.