This article will focus on Divorce Mediation. It is also called Alternative Dispute Resolution (ADR) in other words. In divorce mediation, a neutral third party attempts to help the disputing parties reach an agreement on their own. In other words, he finds a solution to the problem by leading both parties down the middle path. Instead of imposing solutions, professional mediators seek to help conflicting parties find the underlying interests of their positions. The arbitrator seeks to work with the parties, possibly individually, to help them move toward a sustainable, voluntary, non-binding, and non-enforceable settlement.
Divorce Mediation resolves family disputes without going to divorce court. Mediation in family law matters is also necessary to resolve differences between spouses. According to the Family Law of Pakistan, the Arbitration Council (Union Council) is responsible for arbitrating disputes between couples.
Section 7(4) of the Muslim Family Law Ordinance, 1961 declares that the head of the council shall constitute an arbitration council and endeavor to arbitrate existing disputes between the parties. Similarly, Section 10(3) of the West Pakistan Family Court Act, 1964 contemplates that the court shall make efforts to reconcile the spouses. However, the criteria for selecting Council members and how their decisions will be accepted and implemented are not defined.
Religion does not oppress anyone. If you are a Muslim in this country, divorce is a very simple and quick divorce process. Only you have to do is say “talaq” in front of two witnesses (orally or in writing, this choice is up to you) and then notify your wife and the appropriate local authority usually the area Union Council. In general, this is a completely one-sided divorce proceeding, final, effective, and independent of anyone.
On the other hand, if we are talking about a divorced woman, the question arises whether she has any right to make any decision of her choice. Yes, but the process is somewhat complicated, but if expert advice is taken, a woman can easily get her right.
Although less formal than a trial or arbitration, the arbitration process has well-defined procedures that explain the system’s high success rate. Many people believe that mediation is an informal process in which friendly mediators negotiate with disputing parties so that they suddenly resolve their animosity and work together for the common good. does not work. Mediation is a multi-step process designed to achieve a result.
The arbitrator may, subject to the consent of the participants, invite the parties to respond directly to the opening statements in order to further clarify the matter.
Each party will be asked to describe the dispute and its consequences, financial and otherwise. Mediators can also understand general ideas about resolution. When one person is speaking, the other should not interrupt.
After seating the parties to the dispute at the table, the mediator introduces them all, explains the purpose and rules of mediation, and encourages each party to work together toward a settlement.
A private conference is an opportunity for each party to meet with the arbitrator in person. Each side is kept in a separate room. Arbitrators move between the two rooms, discussing the strengths and weaknesses of each position and exchanging proposals. The reseller will continue the exchange as needed during the approval period. These private meetings contain the courage of mediation.
After the caucus, the arbitrator may reunite the parties for face-to-face negotiations, which is unusual. Arbitrators generally do not bring the parties together until an agreement has been reached or the time allotted for mediation has expired.
If the parties reach an agreement, the arbitrator will put the main terms of the agreement in writing and require each party to sign a written summary of the agreement. If the parties cannot reach an agreement, the mediator will help determine whether it would be beneficial for the parties to meet again later or continue the conversation by phone.
If you have one or two pressing issues that you and your ex can’t resolve, or you prefer to deal with everything at once (with help) if you and your spouse are separating. If so, mediation can be a great option. Mediation allows you to have a say in important decisions rather than leaving it up to the court system. But whatever path you choose, I want you to live separately.
