How to approach an Islamic Divorce
HOW SHOULD I HANDLE MY DIVORCE?
SO HOW DOES HANDLING MY DIVORCE IN MEDIATION OR ARBITRATION WORK?
Divorce in ADR (Alternative Dispute Resolution) is a process that allows the divorcing couple to meet with a neutral third-party specifically certified in family mediation or arbitration to resolve divorce-related issues.
Mediation allows you and your spouse to maintain control and power over the dissolving of the marriage, as opposed to the court deciding the final nature of the separation.’
In mediation, you and your spouse discuss issues where communication regarding those issues would have not been feasible. Mediation facilitates an environment that is conducive to resolve issues that are common with divorce.
Mediation does not have a time limit, and it may be necessary to have continuing sessions to reach a reasonable solution to the divorce. Divorce mediation can be resolved in just a number of sessions. It may take two, three or more sessions, but no matter how may sessions, either way the time and overall money spent is considerably less than taking the divorce to trial.
Divorce mediation is a viable alternative to resolve as calmly as possible a tumultuous time in both spouses lives.
Arbitration differs from mediation in that the final saying rests with the arbitration panel. Matters of property division, child support, child custody, and spousal maintenance is determined by the arbitrator(s). The arbitration award is the final word on the divorce which is incorporated into the divorce decree that is submitted to the court. It is on very rare occasions that the court will overturn an arbitration award.
Unlike mediation where the separating couple hammer out the details of the divorce where multiple sessions may take place, an arbitration hearing can be for one or two days. Both parties present their side to the arbitration panel and the panel makes a ruling based on what the parties presented. Before the commencement of the hearing, the parties decide what rules of law, if any, will be followed.
The couple decides if they want attorneys involved in either process.
ADR provides an avenue for the divorcing couple to amicably conclude their marriage. ADR allows couples to end their marriage in an agreeable way where matters of strict confidentiality are adhered to. It is up to the couple on how mediation and arbitration will be conducted. Further, ADR alleviates the cumbersome and expensive process of going through the state courts.
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