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What does it mean to mediate divorce

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What does it mean to mediate divorce


        

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  • 2024-06-24 07:00:58

    Litigation divorce mediation refers to mediation aimed at assisting the parties to correctly handle divorce disputes. As far as the content of mediation is concerned, it can be divided into mediation and transfer. In practice, mediation is generally focused on mediation. Mediation should follow the principle of voluntariness and legality, and the parties should not be forced to accept mediation. Ways and skills
    1. Mediation environment. Generally speaking, mediation is usually used at all stages of the proceedings when our lawyers are acting as agents in divorce cases. Before litigation, we usually invite the other party or its lawyer to mediate and discuss divorce matters. Generally, we will agree to do it in the coffee shop or teahouse. These places are generally elegant and friendly, which is easier to facilitate communication between both parties than a serious law firm environment. During mediation, it is forbidden to go to the other party's client's residence unilaterally, otherwise, it is difficult for the lawyer to explain clearly if there is a dispute or misunderstanding.
    2. Mediation language. During mediation, try to give the other party a sense of neutrality. Lawyers should also hold the sincerity of mediation and not just talk about their views and reason from the perspective of their clients. When negotiating with the other party, try to communicate in friendly language and avoid communicating with the other party in a dignified, arrogant and cold tone. At the same time, in mediation, do not give more opinions on the rights and wrongs of both parties, but focus on the controversial differences and narrow the disputes.
    3. Mediation skills. When mediating, first find out the differences and screen the focus of disputes. Find out the reasons for the differences between the two sides and the solutions to reduce the gap. Observe the expression of the parties, and use various methods and techniques to enter the mind of the mediator. The mediation steps should leave no trace and ultimately protect the rights and interests of both parties. After grasping the focus of the dispute between both parties, find the common ground of both parties and the way to resolve the dispute. Properly disclose their reconciliation ideas, state the relevant legal provisions, and discuss the mediation ideas and plans together. In mediation, attention should be paid to creating a mediation atmosphere, grasping the opportunity of mediation, grasping the principles of mediation, and paying attention to the personality characteristics of both parties in a case. Relevant laws have the following circumstances
    1、 If mediation fails, divorce shall be granted:
    (1) Bigamy or cohabitation of a married person with another person;
    (2) Committing domestic violence or maltreating or abandoning family members;
    (3) Those who have bad habits such as gambling and drug abuse and refuse to change after repeated education;
    (4) Separated for two years due to emotional discord;
    (5) Other situations that lead to the breakdown of the relationship between husband and wife. Divorce shall be granted if one party is declared missing and the other party files a divorce lawsuit. Article 85 of the Civil Procedure Law of the People's Republic of China stipulates: "In the trial of civil cases, the people's courts shall, on the principle of voluntariness of the parties and on the basis of clear facts, distinguish right from wrong and conduct mediation."

    S***

    2024-06-24 07:00:58

  • civil Relevant knowledge

  • law

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