Hawaii Divorce Mediation

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In Mediation, an impartial person assists the opponents to create their own settlement. Mediation offers a secure and demilitarized region where the opposing partners can talk over issues, exchange offers and reach a respectable agreement.

The ritual of Hawaii Divorce Mediation

Any mediation has the following attributes-

  • Consensual
  • Informal
  • Voluntary
  • Private
  • Nonbinding (unless an agreement is reached)

The parties are the architects of their own solution. The process and the result of the mediation are controlled by the parties. For no reason or some reason, either party can stop the mediation at any time.

Initially, the mediator discusses the ground rules of the mediation with both parties and attempts to create an ambience of fairness. Both the parties have to accede to each other, that they would try a good faith commitment to overcome the conflict between them by means of mediation. The mediator then allocates equal time to both the parties to put forth their personal point of view regarding the issues.

Further, there are private meetings amongst the mediator and the parties, where the mediator performs the following functions-

  • Decreasing hostile demeanor of the parties towards each other
  • Assisting the parties to get data they require from each other regarding the dispute
  • Offering realistic and impartial feedback regarding the status of the parties
  • Exploring alternative solutions
  • Acting as a channel for offers and counteroffers

Then, the mediator and the parties again assemble together to find out if any settlement can be reached. The mediator has to praise the efforts of the parties and inspire them to maintain those. If there exists any possibility of an agreement, then the mediator ensures that the parties put forth the terms of the agreement. Then, the mediator arranges to have a written copy of these terms.

The rhythm of settlement in Hawaii Divorce Mediation

In order to create a rhythm of settlement in divorce mediation, the following steps must be followed-

  • The parties must define the issues in the divorce
  • The parties must share data regarding these issues
  • The parties must agree on how to measure the data which is shared

When the above mentioned sequence is followed, it results in the following ways-

  • The parties do not acquire a feeling that they are being exploited or taken disadvantage of. This fear of being taken is one of the major emotional issues in divorce
  • It creates an ambience that the control over decision making is shared by the parties. Nobody likes to be coerced with a solution
  • Both parties have the channels to make informed decisions. Neither party becomes anxious that the other party might be concealing their decision
  • A rhythm is established towards settlement about the real issues which decreases the emotional dispute about the conflict

Basically, the parties must have enough information about each other views. They must be made aware of the pros and cons of the different options that are feasible. When such a foundation is made, the parties display an inclination towards agreement rather than being suspicious and angry towards one another.

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