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Mediation As Precursor To Divorce Proceedings: Its Multifaceted Benefits And Impact Of Mediation Act On Divorce Proceedings


Kusumanjali S, RV University, Bengaluru

Manjunath Ravi Heggade, RV University, Bengaluru


INTRODUCTION


Divorce is often described as an emotionally difficult process due to lengthy legal battles. An alternative to traditional litigation in resolving divorce disputes is divorce mediation. In this process, a neutral party called the mediator will facilitate talks between both the parties. Mediator will not impose any decisions but aids the conversation that helps the parties to find common ground. It is a cost-effective process and has gained popularity in settling the disputes amicably. The issues discussed in mediation are multiple than those discussed in courts such as child custody, division of property and spousal support1.


Traditional litigation process can escalate the issue between the parties rather than solving it. It leads to stress and emotional drain to the parties. Legal fees, court fees can further burden the individuals involved. Privacy is compromised as matters are discussed in open court. This can affect severely when children are involved as their private life becomes part of public record. It is difficult to find tailor made solutions as each case has different types of issues involved. Family courts also emphasise on mediation to resolve dispute and the goal of court is to reconcile the parties2. Divorce mediation is an alternative to litigation which helps to solve various aspects involved in divorce amicably. Similar lines were stated in Perry Kansagra v. Smriti Madan Kansagra3.




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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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