Dao Hua Case Analysis | Lawyer's Warm Mediation, Peaceful Separation of Both Parties

Case Summary

In 2006, the two parties met and developed a romantic relationship through a friend's introduction.

In February 2007, after half a year of dating, the couple registered their marriage. After marriage, they gradually found that there were significant differences in their thoughts and values.

In September 2007, the couple's son was born, and due to differing child-rearing concepts, conflicts arose, leading to cracks in their relationship.

In March 2009, both parties purchased a residential property in a certain community in Bao'an District, Shenzhen, registered in both their names, and applied for a house loan.

In 2009 and 2014, both parties purchased one sedan each in their own names.

Since 2014, due to work reasons, the two parties have been together less and apart more, communication has decreased, and conflicts have become increasingly intense.

In June 2016, after several unsuccessful negotiations for a divorce, the female party moved out of the house, and the male party sought the help of our team to file for divorce proceedings.

The focus of the case

How to determine whether a case has the possibility of mediation and promote mediation between the parties?

What are the positive significances of mediation for the parties involved?

Investigation results

Mediation successful, peaceful separation

1. The marriage relationship between the two parties is dissolved.

2. The child born of marriage shall be nurtured by the female party, while ensuring the male party's visitation rights as much as possible.

3. The involved property belongs to the female party, who will pay the male party the house compensation in installments. After full payment, the male party will cooperate in handling the transfer procedures.

4. Other properties and debts are owned and undertaken by each party under their respective names.

Lawyer analysis

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

Team leader Du Qin, lawyer, has said: The design and implementation of mediation plans are even more difficult than those of litigation plans. We often have to ponder 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 lawyers in our team. As a professional family law team, the lawyers of the Du Qin family law team attach great importance to the significant role of mediation in handling cases.

In this case, at the initial stage of accepting the case, the team of lawyers, through communication with the parties, understood the emotional status of both parties and the current focal points of the dispute, and acutely perceived that there was still a possibility of mediation. The current disputes between the parties are one about the child and the other about the property. Initially, the gap in their mediation proposals was not large, but it required professional mediation and analysis to facilitate the agreement.

Therefore, after the team lawyer confirmed to our party that they still had an intention to mediate, they actively contacted the female party and persuaded her to reconsider the mediation plan; in addition, they communicated with the handling judge, hoping the judge would conduct corresponding mediation work with the other party. After good communication, the lawyer's idea was supported and understood by the judge, and the judge agreed to organize a mediation session for both parties in advance.

During the on-site mediation process, although both parties still had some disputes over minor issues such as the payment schedule, with the extensive preliminary preparation by our lawyers and efforts to coordinate during the trial, the final mediation agreement was signed calmly and peacefully by both parties.

A successful mediation of a case is backed by the lawyer's analysis and discussion of countless similar cases, as well as the analysis and judgment of the characters and conditions of both parties involved. Each case is unique and does not exclude the possibility of mediation. What the lawyer needs to do during the mediation process is to find the fulcrum that balances the interests of both parties, adhere to the law, combine legal principles with moral reasoning, design a feasible and relatively fair mediation plan for the parties, and make the parties truly trust the law and accept the mediation from the bottom of their hearts.