Mediation and Arbitration, Research Paper Example

Jon Gosselin and Kate Gosselin was once a married couple before hell broke loose in their marriage life. In any marriage institution, challenges will always arise during the efforts of both the parties in the marriage trying to understand each other in the marriage. Marriage in most circumstances if not all have been comprising of different entities particularly a man and a woman who do come and are joined together to make husband and wife. The two can be joined together using the customary law or using the Christian way of joining and whenever the two occurs, there is a certificate of marriage issued to the joined couple signifying the legality of the union.

On the contrally, divorce seem to be the other side of the sweet face of marriage which is defined by the separation of the two people who have been initially living together as a family, husband and wife. Kate and Jon as used in this case have been living together as husband and wife for a couple of years. Divorce has brought many families to a stand still due to the little misunderstanding between the two parties involved. The families or the two parties involved in the separation have either tried and reconciled themselves or failed to come to consensus themselves. In the circumstances of those that have failed such cases they have always called for an external support to help sort out their differences basing on their opinions and this process is called arbitration (Michael. D.A, (1996, pp.125)

In the case of Jon and Kate, the arbitrator in their case was chosen basing on the two personalities preferences. The arbitrator should was a neutral person agreed upon by the two parties to intervene in their situation. The core requirement to be a mediator is an eloquent from the aspect of common sense. What they work on to achieve for their clients are sensible agreements, reflecting the best understanding of the situation of the parties, combined with the knowledge of what the Courts does accept. Jon and Kate had to consider the mediators professional training which according to the constitution of the United States of America it has its own rules and regulations like the basic mediation training has to be covered by any one undergoing this professionalism is supposed to attend it in 40 hours.jon and Kate also considered the duration in which the mediator has been practicing this profession to test the capability and the experience this mediator has in regard to cases like theirs. Issues involved in divorce are more complex that those in minor conflicts, and therefore in this case the issue of experience will determine the bearing on which the future mediator will take. The number of the cases handled by this particular mediator can therefore give the two parties hope in the process they are going to undertake.jon and Kate too were needed to understand if the references that the mediator had, the names of other mediators or attorneys he or she believes they can bring a solution to this couples problem. The parties did consider also if the mediator was the authority in the process, if he had ever served on any associational boards and even trained other personnel in the field and even wrote articles. The parties also considered the mediators style in the process. The mediator’s style would determine if it was going to fit in their preferences on the handling of the matter. The couple had to consider the mediators fees and determined if the payment was to be on sessional basis or other terms that would be agreed upon. The couple had to consider if the mediator was going to offer them free consultations during the process of mediation. This was a real best way to get to know the mediator and familiarize them with the process. It was good for the couple to know this for not everyone offers it. The couple also required to know whether the mediator had other supportive for instance literatures materials that could be based on to make decisions during the mediation process. The issues to be covered in the process were vital to be known by the couple during the orientation process in preparation to the beginning of the mediation process. If possible and professionally the couple was supposed to know whether it was fit for the couple to have an attorney in their mediation process. the attorney in the process usually assures the victims on protection from other legal oversights during the mediation.

For the case of Jon and Kate, the court was used. Statistics from countries like the United States of America reveal the almost 40% of legally joined marriages do end up in divorce for different reasons in regard to the separated couples. In rare occasions do most of them manage to resolve the matters on their own without the aid of the professional help from the law courts. Professional supporters in the mediation of marriages claim that most couples have feared to present their issues for help to resolve them in that they do not know neither what the court requires nor the process thus making their relationship more unstable and loosing ground in the battleground.

During mediation in the case of the two persons in this case, Jon and Kate, the process began by choosing on the reliable and the one that both the parties would be comfortable with. Both the parties settled on an independent and a neutral negotiator who was the court of law. According to them the court would be able to talk to both sides to the benefit of their marriage solution at the end of the day. They first of all made the court understand clearly their feelings, their hopes and every ones wishes before any negotiations could proceed. Their children were involved because their parents needed a continued relationship to take up the responsibility of parental care. Although this was a family mediation, most of the practitioners have done it charitably but this could not apply for their case due to their preferences. The mediator first met the parties together and probably over a number of sessions whereby they were able to work out on the division of assets, child maintenance and spouse. The report was compiled and presented to the solicitors for further interpretation in the court document. As the process continuous, the advantage the parties had with this kind of mediation is that the mediation kept them in the control of the divorce in their hands. This usually makes the difference in the recovery from their divorce and move on with their lives. This has also made the two go through their divorce mediation process without more conflicts.

The process involves a number of sessions where by the parties involved sit together with the mediator and discus the issues that can help them the resolution that can be agreed upon by the two parties. According to their case, the number of sessions was determined by. The first process in most occasions is usually the weight carried in the case and the approach of the mediator inquiry making about the mediator that the couple wished to or was going to consult. Incase both of the concerned parties come to an agreement.

Procedures begin by the suggesting of the divorce by filling the case for divorce, in the case of Jon and Kate, the case was filled by Kate. The other spouse has to then file an answer with the court in which Jon responded to in accordance to law procedure. This document is then sent to the court for its approval following which the terms in the agreement become effective between both the parties. The attorney In most occasions are therefore used to inform the couples of the legal rights they and thus help them in the process of negotiations and in the preparation of the required paper works (Bryant, T and Lee, T. 1994, pp. 114)

In summery of the process in precise, the first session in which has most of the introductory part to the whole process gives an over view of the whole process. it entails the description of the mediation, the role of the mediator and the probable number of sessions to be held and their respective costs. The objectives of the parties for every particular day for the mediation process should be known so that their views can be captured. The mediation process should be reviewed and thus the mediation agreement too and the development of other documents in support to the programme. Usually last in weeks (Stoner. C, 2009, pp.67).

The second session entails the development of the parenting plan in regard to the data collection on the affected parties. For instance meeting each of the parties alone and collecting the requested document and the provision of the budget sheets. During the third session, most of the clients here are feeling at least better with the mediation. The session focuses on the analysis of the collected data for child support and the distribution of property. The forth session comprises the budget and the spousal support to the process and other social issues discussed. The last session is where the parties at conflict sign the paper of memorandum to show that they have agreed to in the process of mediation where goals, intentions and the attitudes of every party noted (Craig. A.E, (1985, pp. 45).

To the present date, the case is according to the lawyers coming to the end of the conclusion positively by the end of the year. Arbitration is therefore an important method of the alternative dispute resolution that can be relied upon by many couples in to resolve marital issues easily. It may take some longer time than the expected but they are more informal than the trials and this usually makes the process quicker than expected. Arbitration saves time and cost.

References

Stoner. C, (2009): Divorce without court, America, cheeg publishers, pp. 67

Michael. D.A, (1996): divorce, New York. Peak press, pp. 125

Craig. A.E, (1985): Divorce mediation, New York. Cheeg publishers, pp.45

Bryant, T and Lee, T. (1994) Divorce without guide, pp. 114