Example that obtained divorce in the first mediation date
The situation, background
Client: Male office worker in mid-50s
The other party: Woman full-time homemaker in late 40s
Child: Nobody (university student)
It is divorce consultation with wife living apart for approximately ten years. The other party suffered from depression, and the situation not to get communication by telephone and email either continued with the person of client. Because client expected early divorce establishment, it was request to want you to enter lawyer between.
What we carried out
We received and sent notice of job to the other party from our office and found talks. We sent notice, but stated divorce mediation three times because there was not reaction. After notifying that we stated divorce mediation for the other party, there was finally reply from the other party, and negotiations began.
The other party seemed to feel uneasiness for letter having come from lawyer and court. As we did not seem to understand how we should cope, we guided free legal advices of city hall and advised so that objective fact was grasped.
We were able to have you understand validity of divorce condition that we presented by having you receive objective consultation of third party.
We made mediation article plan since before the first mediation date and had client and the other party confirm and repeated condition negotiations or words corrections.
After having been able to understand than people concerned, we were able to establish divorce quickly in mediation date in the first time by repeating discussion beforehand with court so that it was terminated in the first mediation date.
As a result of having been provided
Divorce establishment on condition that is as good as client wished
Point and point to keep in mind of practice
Like this matter, case that mediation is established in the first date is rare. As mediation is procedure when agreement was not provided in discussion out of the mediation, we make article plan beforehand, and it is unusual for assent to be provided in it. There was not so period from statement to the first date, but it was connected for result to have been able to arrange documents to be reconciled with each other.
After receiving, and having sent notice of job, there is occasionally that we receive question about process from the other party. In such a case is opposed needlessly; is provided, and it is possible for smooth talks, and can often lead trust to quick solution from the other party without taking an attitude by receiving carefully as much as possible. When client expects early divorce establishment like this matter in particular, you should not stimulate the other party as much as possible.
In addition, it is important to the other party to negotiate after making arrangements with client minutely before presenting condition, and having understood range (kind or quantity of property) of information that the other party can know.