Legal Article

Roll of mediator in divorce cases

Shivendra Pratap Singh

Advocate

High Court Lucknow

Article | Divorce Cases

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Published on: 3 Feb, 2023

A mediator plays an important role in divorce cases in India by facilitating communication and negotiation between the spouses in order to resolve their differences and reach a mutually acceptable agreement. The role of the mediator is to provide a neutral and impartial forum for the spouses to discuss their issues and reach a resolution.

Mediation can be especially helpful in divorce cases as it can provide a less confrontational and less adversarial approach to resolving disputes. By working with a mediator, the spouses can avoid the time, cost, and stress of going to court and can reach a mutually acceptable agreement on important issues such as property division, child custody, and support.

In India, mediation in divorce cases is often encouraged by the court as an alternative to litigation. The court may refer the case to a mediator or the spouses may choose to engage a mediator on their own. The mediator will help the spouses identify their areas of disagreement and work with them to find solutions that are acceptable to both.

It is important to note that the role of the mediator is limited to facilitating communication and negotiation. The mediator does not have the power to make decisions for the spouses or to impose a solution on them. The agreement reached through mediation is only binding if both spouses agree to it and sign a written agreement.

Overall, mediation can be a valuable tool for resolving disputes in divorce cases in India and can help the spouses reach a resolution that is in their best interests and the best interests of their children, if they have any.

Reconciliation between the spouses

Reconciliation is the process of restoring a relationship between two people who have been separated or in conflict. In the context of a divorce, reconciliation refers to the effort to resolve differences and rekindle the relationship between the spouses, with the goal of saving the marriage.

Reconciliation can be a difficult but rewarding process that requires a commitment from both spouses to work together to resolve their differences and rebuild their relationship. It often involves communication, compromise, and the willingness to put aside past conflicts and hurt feelings in order to move forward.

In some cases, reconciliation may involve couples therapy or counseling, where the spouses can work with a trained therapist to understand and resolve their differences. In other cases, the spouses may choose to attend workshops, retreats, or other programs designed to help couples reconcile.

It is important to note that reconciliation is not always possible or appropriate in all cases. Some marriages may be beyond repair, and the best course of action may be to proceed with a divorce.

Regardless of the outcome, the effort to reconcile can be an important step in the healing process for both spouses and can help them gain closure and move forward with their lives. If reconciliation is not possible, the spouses can still work towards an amicable divorce, where they can reach a mutually acceptable agreement on important issues such as property division, child custody, and support.