Divorce mediation is one of the new catchphrases of the one of the most popular method of Alternative Disputes Resolution (ADR) i.e., Mediation. Yet few people understand exactly how it works. This article will explain what divorce mediation is, why it is so successful, and how it can work for you.

Every year the rate of divorce is increasing because of  socio- economic  changes going on in the society.  There  will be increased number of  divorces and separations this year in India. Each of you has al­ready been affected by a divorce, whether it is your own, a family member's, a friend's, or a coworker's.

For those of you about to start your divorce procedure, this may be your first experience with a court system. Chances are it will not rate with the great firsts of your life. A divorcing couple enters a different and harsher world. Many people have described the adversarial system as notoriously expensive and more emotionally painful than the end of their marriage. Invariably they have found that litigation created added bitterness and acrimony. Divorce mediation was born to help alleviate this nightmare.

Mediation offers a commonsense way to settle a dispute. A neutral professional sits down with the divorcing couple and helps them reach a settlement.

Why has it worked? Why does it offer such hope?

Mediation works on a different rule than the adversarial system i.e., court system. The rule on which mediation works is to settle disputes by working out a fair settlement. The key word is fair and experience shows us that when people try to work out a fair settlement invariably they ignore position and look for common interest. However, the definition of fair is by far their biggest problem and the main reason for employing a professional mediator.

The successes of divorce mediation have convinced leg­islators and court officials to encourage and implement me­diation programs. Divorce mediation is working not only in litigative stages, when divorce case is pending before court but also pre litigation stage also. Mediation is here, and with it comes a multitude of questions.

If you are like most Indians, you have barely heard the word mediation. Even divorce professionals aren't al­ways certain what divorce mediation is all about.

Mediation started in the early 2000 with an initiative taken by MCPC (Mediation and Conciliation Project Committee) under the aegis of Supreme Court of India.  The techniques and procedure were suc­cessfully transferred to divorce mediation, and it spread like wildfire throughout in India. It eliminated the idea of one person having to be the "bad guy" during a marriage. Regardless of fault and regardless of the kind of divorce filed, settlements are basically an economic matter of providing support and property. Divorcing men and women are beginning to realize that hiring top lawyers to wage their battle is a sure way of escalating their divorce costs and doesn't do as much for a fair settlement as reasonable ne­gotiations would.

Along with lower costs, there are other good reasons for using divorce mediation. Many people want a civil rela­tionship after their marriage ends, and mediation minimizes the bitterness. In one of my cases this was the main reason, my client turned to mediation. They simply wanted a fair and decent divorce. Mediation helped them to achieve just that.

Legal Mind Ajit Kumar, Advocate & Mediator, is a certified mediator and given a Certificate of Trained Mediator from MCPC (Mediation and Conciliation Project Committee) under the aegis of Supreme Court of India. Being a Certified Mediator, he is also conducting private mediation besides doing Court annexed Mediation, as a panel Mediator.