Dao Hua Case Analysis | Lawyer's Emotional Mediation Leads to Peaceful Separation

Case Summary

In the middle of 2006, the couple met and developed a romantic relationship through friends' introduction;

In February 2007, after half a year of dating, the couple registered their marriage. Over time, they gradually discovered significant differences in their thoughts and values;

In September 2007, their son was born, and due to differing child-rearing ideas, conflicts arose and their feelings began to crack;

In March 2009, the couple purchased a property in a certain residential area in Bao'an District, Shenzhen, registered in both their names, and obtained a mortgage for the house;

In 2009 and 2014, they each purchased a car in their own names;

Starting in 2014, due to work reasons, the couple spent less time together and communicated less, leading to increasingly intense conflicts;

In June 2016, after several unsuccessful attempts to negotiate a divorce, the woman moved out of the house, and the man sought the services of this team to initiate a divorce lawsuit.

Case Focus

1. How to determine whether the case is suitable for mediation and to promote the mediation between the parties?

2. What are the positive implications of mediation for the parties involved?

Case Outcome

Successful mediation, peaceful separation

1. The marriage relationship between the couple is terminated;

2. The son is to be cared for by the woman, with efforts made to clearly define the man's visitation rights;

3. The involved property is to be owned by the woman, who will pay the man a house compensation in installments, and after payment is completed, the man will assist in handling the transfer of ownership procedures;

4. Other property and debts are to be owned and assumed by each party under their own names.

Legal Analysis

Determining whether a case is suitable for mediation is a great test of the professional knowledge and experience of the attorney handling the case.

Team leader Du Qin said: The design and implementation of a mediation plan is even more challenging than that of a litigation plan. We often have to think hard about how to find the best balance between the rights and interests of our clients and the needs of the opposing party. In fact, this is also the voice of all the members of our team of lawyers. As a professional family and marriage law firm, the lawyers of the Du Qin family law firm team attach great importance to the important role of mediation in handling cases.

Taking this case as an example, at the beginning of the case, the team lawyers communicated with the parties to understand their emotional status and current dispute points, and keenly perceived that there was still a possibility of mediation between the parties. The current disputes between the parties are mainly about the child and the property. Initially, the gap in their mediation plans was not large, but they needed the mediation and analysis of a professional to promote the plan.

Therefore, after confirming with our clients that they still had an intention to mediate, the team lawyers actively contacted the woman to persuade her to reconsider the mediation plan; in addition, they communicated with the presiding judge, hoping the judge would do corresponding mediation work with the opposing party. After good communication, the lawyer's ideas were supported and understood by the judge, and the judge agreed to organize a mediation session for the parties in advance.

During the on-site mediation process, although the parties still had some minor disputes over issues such as the timing of payment, after the extensive preparatory work of our lawyers and their efforts to coordinate during the trial, the parties ultimately signed the mediation agreement in a peaceful and calm manner.

The successful mediation of a case is behind the lawyer's analysis and discussion of countless similar cases, as well as their analysis and judgment of the characters and conditions of both parties. Each case is unique, and it does not exclude the possibility of mediation. What lawyers need to do in the mediation process is to find the fulcrum of balancing the interests of both parties, adhere to the law, combine legal principles with moral considerations, design a feasible and relatively fair mediation plan for the parties, and make the parties truly trust the law and accept mediation from the bottom of their hearts.