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Mediation in family law and its advantages.
Mediation in family law
Mediation has turned out to be an honest option when it involves family law disputes. The disputes that arise during a family are crucial, and that they got to be taken care of patiently and reach a solution where both parties can benefit. It also solves disputes faster than it happens in court. Mediation is one of the alternative Dispute Resolution methods under Section 89 of the Code of Civil Procedure Code. The concept of mediation is increasing rapidly. Mediation could be a process of intervening between two parties to resolve disputes. It is an effort made by a third party who is named a mediator. The mediator is impartial, neutral towards both parties. Mediators don't provide a judgment but allow resolution of the disagreement or disputes between the parties. Under mediation, open communication is held between the parties so that both of them can clear their doubts and misunderstandings and, with the assistance and suggestions of the mediator, come to a definitive conclusion. many of us before getting to the court, value more highly to go first to the mediation centre. Anyone can make an invitation for mediation by informing beforehand through a written notice.
Kinds of disputes arising in a family
There are various sorts of disputes in a family, and such disputes are different for each family, starting from an enormous joint family to a little nuclear family.
- Divorce and separation issues
- Inheritance
- Post-divorce issues
- Parenting
- Extended family concerns
- Eldercare
Advantages:
Mediation cuts the worth and, therefore, the long process of litigation. It is a confidential and ethical process and doesn't harm the emotions of either party. A neutral person assists the matter and hence, derives a conclusion that inserts perfectly for both parties. Therefore, it is a neutral process. Mediation may be a versatile and straightforward process and does not need much formality.
- The matters are handled amicably without affecting the connection between people.
- Provides speedy justice, which also reduces the burden of the courts.
- It is flexible and provides the right to the parties to decide whether or not they want to accept or reject the result of the trial.
- Therefore, it saves the relationship and, therefore, the family's children from emotional issues they could face because of the lengthy court litigation. Also, it is a simple idea for cases where the parents need to be in contact even after their divorce because of their child.
- It maintains privacy and confidentiality, which provides parties with a choice to open up on what option they need to think about, which doesn't happen in court trials. By using this method, high-profile clients can keep the small print of their issues out of the eyes of the general public.
- It also saves the value of the parties as they need far more control over the method than in court trials.
In conclusion, When the matter is family-related, it gets uglier in court proceedings, while in mediation, the parties can discuss and reach an agreement for settlement. This results in them being more convinced on what decision is formed. In mediation, the choices are often made consistent with what suits the family's wants, which could not be the scenario in courts.
This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, or Religion, Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts made to ensure the accuracy and correctness of the information published, White Code VIA Mediation and Arbitration Centre Foundation shall not be responsible for any errors caused due to human error or otherwise.
- Mediation has turned out to be an honest option when it involves family law disputes.
- The disputes which arise during a family are very crucial and that they got to be taken care of patiently and also reach a solution where both parties can benefit.
- When the matter is family-related it gets uglier in court proceedings while in mediation the parties can discuss and reach an agreement for settlement.
