Delaware Divorce Mediation

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Mediation is a type of ADR (alternative dispute resolution). The crux of mediation is that 2 or more disputants converse and reach an agreement. In this type of alternative dispute resolution, the two parties do not accept what is imposed by a third party. The parties may or may not reach an agreement after mediation. However, if an agreement is reached, the parties themselves decide the contents of the agreement.

Generally, all the parties must have an outlook that the mediator is impartial. It is the duty of the mediator to utilize apt skills and / or techniques so that the conversation between the parties opens up and improves and the final intention of reaching an agreement is achieved.

Types of Delaware Divorce Mediation

There are 3 types of divorce mediations in this state -

• Evaluative
• Facilitative
• Transformative

In Evaluative mediation, the mediators analyze the weaknesses and strengths of each party's argument just in case these parties approach the court in the future. In this way, this type of mediation plays an advisory role. However, facilitative and transformative mediators are different from evaluative mediators and do not have any advisory role. In Evaluative mediation, the main intention and drive is of settlement. In case of Transformative mediation, the outlook of the mediator is that there is a crisis in communication. The mediator attempts to resolve the conflict and make the parties have better feelings about each other and feel empowered about self. In this type of mediation, the natural outcome of the resolution of conflict forms the basis of the agreement.

Comparison between Delaware Divorce Mediation and Conciliation

The term 'Conciliation' includes all mediation, advisory and facilitative dispute resolution processes. There are many similarities between mediation and conciliation. Both these processes comprise of a third party which is neutral and does not have enforcing powers. An outcome is not mandatory in either process.

Conciliators have expert knowledge of the domain of their work. The conciliator can advise the parties on the subject matter and can make suggestions for settlement terms. It is a part of the role of a conciliator to actively promote the parties to reach a resolution. In some cases of dispute, it is the function of this person to offer legal information. The intention of providing this information is that the agreement which is reached must be compatible with the relevant statutory framework. Thus, conciliation has an advisory aspect.

On the other hand, a mediator does not have an advisory role. This person is purely facilitative. The function of the mediator is to assist the parties to develop a shared understanding of the dispute and create a long lasting and pragmatic resolution.

Delaware specific facts

In this particular state, any civil matter on the docket of the Superior Court can be termed as voluntary mediation. The parties may accede to submit the conflicting issues to mediation either prior to or after the divorce proceedings are initiated.

When there is an issue of visitation or custody, the Court acts as an arbitrator. However, both the parties should disclose their points to the mediator appointed by the Court before permitting the judge to settle the issues.

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