What is Mediation?
Mediation is a concept where two disputing parties approach a third independent person for the amicable settlement of a dispute. The concept of mediation received legislative recognition in India for the first time in the Industrial Disputes Act, 1947. The conciliators appointed under Section 4 of the Act are “charged with the duty of mediating in and promoting the settlement of industrial disputes.” In 1999, the Indian Parliament passed the CPC Amendment Act of 1999 inserting Sec.89 in the Code of Civil Procedure 1908, providing for the reference of cases pending in the Courts to ADR which included mediation. The Amendment was brought into force with effect from 1st July 2002.
Mediation between husband and wife, if done properly can prove to be a time and cost-effective alternative method of dispute resolution. For mediation, a well-versed advocate is appointed as a mediator to help sort out the differences, and reach a mutual agreement that reserves the best interest of both the parties.
With the increase in the number of matrimonial disputes, the parties are referred to the meditation center for reconciliation at the initial stage of litigation.
Matrimonial disputes always tend to be settled by way of mediation one way or the other. A good divorce lawyer will always come with a lot of remedies for his/her client problems. The rightful suggestion is to attempt Mediation & Reconciliation between the parties because it is extremely difficult to even know where the fault started in a relationship. Even more difficult, is to attribute all fault to one person. Mediation in divorce cases can really turn the tide. Besides, digging the grave is likely to do more harm than any good.
The only effective measure is to cruise the parties out of the situation of discord. In simple words, attempts must be made to help the couple sort out their differences. Alternate remedies can also be suggested such as therapies, expert counseling, mediation, etc. Mediation is one of the cost-effective and reliable ways among ADR (Alternate Dispute Redressal) mechanisms to settle a matrimonial dispute.
Benefits of Mediation in Divorce
- More control.
- Potential of restitution of healthy marital relations.
- Agreements with mutual understanding.
- Expertise support.
- Avoiding the hassle of litigation.
This article is written by Paras Chugh. The author can be contacted via email at firstname.lastname@example.org
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