Indiana Divorce Mediation

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Requirements of Indiana Divorce Mediation

When the Court orders mediation for a case in this state, the case is placed in the Court docket for the final hearing. After the mediation order is issued, the process of mediation must be completed within 60 days. However, the Court may extend this 60 day period, upon-

• Motion by the Court
• Agreement of the parties
• The recommendation of the mediator

The Court cannot extend the 60 day period beyond the final hearing date. When the mediation process is complete, it is the duty of the mediator to be prompt in filing the mediation report.

Duration of Indiana Divorce Mediation

In this state, mediation usually lasts for 6 to 12 weeks. This duration may decrease or increase depending on the anger or particulars of the persons involved. A mediation would take longer than the average mediation duration, if one or both partners-

• Initially had an unsuccessful court trial and then were ordered mediation by the Court
• Is adamant on full time physical custody of the children for own personal requirements
• Is very opposed and attacks the other partner verbally
• Is very silent and does not participate in the mediation
• Refuses to listen to data pertaining to a crucial aspect of the divorce
• Is self employed and the other partner has no knowledge regarding this business
• Is involved in an affair with the best friend of the other partner or any other person who would obviously cause more anger
• Has a complicated economical assortment that comprises of investments like tax shelters and limited partnerships
• Completely denies to accept the termination of the marriage

If the divorcing partners have the following traits, then the duration for mediation is lesser than the average time.

• They wish to procure what is best for their children rather than what is best for themselves
• One or both possesses some respect remnant for the other partner
• Both are ready to end the marital status
• Both are willing to listen and acquire new information
• Both are desirous of making their own decisions
• They may have anger, but this does not mean they wish revenge
• Both can keep their anger aside for the moment to resolve the concrete issues
• During the marital status, both were emotionally healthy and can realize how they currently feel
• Both have selected mediation voluntarily

Attributes of a bad mediator

• Arranges a Contingency fee with the divorcing parties- contingency implies that the fee of the mediation is dependent on the settlement, for example 7 percent of the settlement. The fees for mediation must not be on contingency arrangement but on an hourly rate
• Has a preference regarding all issues due to which decisions are getting affected
• Lacks knowledge regarding divorce laws, pension rulings, federal and state taxes and other issues of the agreement. The mediator need not have exhaustive information pertaining to these topics but should know at what juncture this information is essential and how to procure it
• Speaks on behalf of one person and against the other
• Makes decisions for the divorcing parties
• Plays the role of a referee in the mediation

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