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How an attorney serves for mediation during the divorce proceedings

  • Time:2018-01-05
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How an attorney serves for mediation during the divorce proceedings 
If the client entrusts a lawyer to mediate in the marriage dispute on behalf of the client for negotiation and mediation in the divorce case, the lawyer shall, on the basis of fact, provide legal service and communicate with the two parties in a rational manner for the purpose of reaching an agreement for parties without hurting the client’ s interests.
Lawyers participating in mediation or negotiation of marriage disputes may pay attention to the following things:
(1) Before mediation, the lawyer shall fully understand and analyze the causes of the disputes and summarize the main disputes that exist between the two parties;
(2) Organize the two sides to communicate in person and understand the true intentions of both parties;
(3) Inform clients of the risks and possible outcomes of the mediation in advance and balance the two parties’ differences and expectations;
(4) During the mediation, the lawyer should not push too hard on the issues and the lawyer shall make various preparations for the mediation;
(5) During the mediation process, the lawyer should use not just law but may also pay attention to the comprehensive application of approaches to psychology.
As it relates to the work scope of the lawyer, such as the work of mediation, the following things shall also be considered when it comes to the terms of entrustment agreement between the lawyer and the client:
(1) Whether the entrustment agreement includes the negotiation and mediation for the divorce case representation with the other party, the time, method and frequency of negotiation and mediation;
(2) Whether it includes drafting a divorce agreement or other written materials;
(3) Whether it includes the handling of emergencies during the divorce, such as domestic violence disputes;
(4) Whether it includes organizing the execution of  the divorce agreement with both parties;
(5) Whether it includes arranging the parties to go through the divorce formalities at the marriage registration office;
(6) Whether it includes assisting both parties in handling the transfer of the property or changing the registration procedures;
(7) Whether it includes witnessing the signing of the relevant agreements or transfer of property.
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