Mediation in divorce case

What is mediation in divorce?

 

Mediation is a process whereby the petitioner and respondent agreed to settle out their issues amicably with a mediator suggesting options to end the litigation.

 

Can I get divorce via mediation if both are agreed for divorce (i.e. without court)? 

 

Yes. It would be called as mediation settlement whereby two parties will list out the settlement terms and sign it along with the mediator, which will be sent to court dealing the case and the court with decree the said settlement and grant divorce. The decree cannot be appealed, revised in future.

 

Thanks for your reply. What would be the approx duration to get divorce via mediation? Please advise.

If both parties come to an amicable settlement in the first meeting, then settlement terms will be documented and signed and sent to court in the second meeting, then court will pass a decree according to settlement, time is max 2 months.

Thanks for your reply. Is there any mediation service in chennai? Please help.

If you both are agree for divorce then file mutual consent divorce in the family court of chennai , remember one thing only court can grant decree of divorce, mediation is a procedure to settle the issues between the parties, mediator is a court personnel .

(Time Consumable) You both can file MCD, but then first motion followed by six months gap for final motion.

Instead if you both agree with MCD, then ask for mediation and come to settlement terms in writing, signed by both parties and the mediator, the court will pass decree of divorce within a month itself.  No appeal or revision can be done with mediation settlement and decree passed, so it is a win-win situation for both.

Thanks laxmi kant & contest. I have discussed this with my lawer. He says that if i file MCD, the court won't allow for mediation as we both already agreed for divorce. Also he has said that the mediation can be obtained only if i file contested divorce and the court will still apply the 6 months waiting period. I am slightly confused by his reply. Is it true? Please advise.

MCD and mediation are two pathways to reach a destiny.

If you cant wait for six months for MCD, then go ahead and get back the MCD application from court and then ask for mediation and decide divorce in mediation, then court will pronounce decree of divorce based on mediation settlement.

Mediation can be asked at any stage of the litigation. Your advocate is misguiding you.

Go for a second consultation, spend 500-1000 rs for it, if you have any doubts in this.