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Procedures of mediation in divorce proceedings

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Procedures of mediation in divorce proceedings


        

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  • 2024-06-27 00:01:43

    1. Mediation in litigation is in accordance with the provision of Article 32 of the Marriage Law of China: "The people's court shall conduct mediation when trying cases". Mediation is a necessary procedure for hearing divorce cases. The purpose of applying mediation procedures is to prevent the parties from hastily divorcing, and to help deal with all aspects of divorce peacefully and properly when the parties cannot reconcile. In the marriage life, it is inevitable that there will be some conflicts and disputes between the two parties. Sometimes acting out of temporary anger will expand the conflicts and intensify the conflicts. As a result, some marriage parties who have not reached the level of unable to live together also ask for divorce. Mediation by the court can encourage both parties to calm their resentment, reduce hostility, fully consider their marital status and future life, and cherish their marital relationship with their spouses. Even if mediation fails, both parties still insist on divorce and can also mediate divorce. Mediation divorce is helpful to solve the problems of property and children. Both parties can generally consciously implement the mediation divorce agreement reached thereby. Of course, to reach an agreement through mediation, both parties must be willing, not forced; Mediation is not unprincipled, but should be carried out in accordance with the principle of legality. The content of the mediation agreement should not violate the law.
    2. Judgment mediation cannot be delayed for a long time, and the people's court shall make a judgment according to law in cases where mediation is invalid. The judgment shall, according to the marital status of the parties concerned, grant divorce or forbid divorce. If divorce is decided in the first instance, the parties concerned may not marry again before the judgment becomes legally effective. If a party refuses to accept the judgment of first instance, he shall have the right to appeal according to law. If both parties do not appeal within the 15 day appeal period, the judgment shall become legally effective. The people's court of second instance may mediate in the trial of an appealed case. If an agreement is reached between the two parties through mediation, the original judgment shall be deemed to be revoked from the time the mediation statement is served. The judgment made by the people's court of second instance is final. The people's court will not accept a divorce case in which the judgment forbids divorce or the mediation is good, if the plaintiff brings another lawsuit within six months without new information or new reasons.

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