Mediation in Divorce Proceedings

• Time：2018-01-05
• counter：1789

Mediation in Divorce Proceedings
For a divorce case, the client should be advised to mediate before litigation to reduce the dispute resolution time and reduce the burden on both parties unless the pre-litigation mediation is obviously not conducive to protecting the legitimate rights and interests of the client.
When a lawyer is required to mediate before the litigation, the attorney should obtain the consent of the client before formally contacting the other party and the attorney should remind the client to take precautions to prevent domestic violence and get evidence and related documents kept in good position before taking any actions to contact the other party for settlement. If the other party refuses to meet with a lawyer on the issue of divorce, it is recommended that the other party shall be advised to reconsider it. In the case of further contact, if the other party still refuses to negotiate, the client shall proceed with the divorce proceedings in accordance with the original plan. When the lawyer manages to talk to the other party about the divorce, he or she can advise whether the client participates in the conversion with the other party, as appropriate. It’s necessary to avoid too many relatives of both parties to participate in the conversion in order to prevent the occurrence of emotional intensification of the parties. The contact with the other party should be carried out in public places or law firms, the lawyer shall avoid any meeting in the other party’s apartment.
If after consultation, both parties reach an agreement on the divorce, the lawyers will promptly assist both parties to go through the divorce registration procedures with the Civil Affairs Bureau or go to court for mediation divorce. If the agreement cannot be reached due to non-negotiable differences between both parties, the legal proceedings shall proceed without delay.
For a divorce case, the client should be advised to mediate before litigation to reduce the dispute resolution time and reduce the burden on both parties unless the pre-litigation mediation is obviously not conducive to protecting the legitimate rights and interests of the client.
When a lawyer is required to mediate before the litigation, the attorney should obtain the consent of the client before formally contacting the other party and the attorney should remind the client to take precautions to prevent domestic violence and get evidence and related documents kept in good position before taking any actions to contact the other party for settlement. If the other party refuses to meet with a lawyer on the issue of divorce, it is recommended that the other party shall be advised to reconsider it. In the case of further contact, if the other party still refuses to negotiate, the client shall proceed with the divorce proceedings in accordance with the original plan. When the lawyer manages to talk to the other party about the divorce, he or she can advise whether the client participates in the conversion with the other party, as appropriate. It’s necessary to avoid too many relatives of both parties to participate in the conversion in order to prevent the occurrence of emotional intensification of the parties. The contact with the other party should be carried out in public places or law firms, the lawyer shall avoid any meeting in the other party’s apartment.
If after consultation, both parties reach an agreement on the divorce, the lawyers will promptly assist both parties to go through the divorce registration procedures with the Civil Affairs Bureau or go to court for mediation divorce. If the agreement cannot be reached due to non-negotiable differences between both parties, the legal proceedings shall proceed without delay.