Six common sense in front of the divorce case

■ Gui Fangfang

"Lawyer, I received a text message from the court, which wrote a pre -complaint mediation case. What happened before the mediation before the complaint?

Ms. Li and her husband quarreled all year round, and their feelings were discordant. Not long after submitting the divorce complaint, I received a text message from the court, wrote the mediation before the complaint, and received a call from the court staff to ask her: "Are you willing to mediate this case?"

Maybe many people have the same question, what is the pre -complaint mediation? What are the techniques for the mediation before the complaint? The mediation in the divorce case runs through, and the mediation before the lawsuit is almost a must for divorce.

1. What is a pre -compliment mediation?

The pre -litigation mediation occurred before the formal file. The mediation before the lawsuit, referred to as the complaint, and the literal understanding is the mediation procedure before the lawsuit, which refers to the mediation before the case, that is, before the parties filed a lawsuit, the court filed the case and accepted. The court accepted the parties' file materials, but did not give the formal case. Instead, the dispute was submitted to the court litigation service center for mediation. If the mediation was not completed, the court filed a case.

Therefore, the court SMS delivery by Ms. Li was the case number of the pre -mediation case, rather than the formal case number.

2. Can I mediate without complaining?

In most areas, divorce cases need to be mediation before complaints, and the mediation runs through the entire lawsuit process. After the case was distributed in the hands of the mediation staff, the staff directly contacted the original defendant based on the contact information provided by the parties to understand the attitude and resolution of the two parties on divorce. Of course, if the original defendant does not agree with the mediation, the case will turn to the next litigation process: formally filed.

3. How long does it take to mediate before the complaint?

Before the case is filed, the court's mediation officer will be arranged to conduct a pre -mediation of the parties before the parties. Most courts must organize the pre -mediation. This stage usually takes about 30 to 60 days.

4. What is the result of the mediation before the complaint?

If both parties go to the court at the same time, the mediation judge can mediate in person and issue a mediation document after reaching a mediation agreement. If the mediation is not achieved, the staff will convert the case to formally filed a case, and the judge organizes the trial. When the official trial was officially opened, the judge would also conduct mediation, so it was not that the mediation before the lawsuit was not successful, so he lost the opportunity to mediate.

5. Is the mediation charging before the complaint?

If the case is formed by mediation, the acceptance fee is paid by half. In the Shanghai area, if the mediation is successful, the case acceptance fee is paid according to 1/4 of the standard standards. Therefore, the cost of previous mediation is also very attractive.

6. What are the techniques for the mediation before the complaint?

Before the mediation, the mediation person can know the other party's basic plan for marriage relationships, children's support, property division, and creditor's rights and debts in advance, and make corresponding strategies in advance. During the mediation, try to understand the other party's property clues, and delineate the scope of the divided husband and wife's common property. Of course, if the hope of mediation is not great, please do not expose your claims and specific solutions too much. If the mediation can be reached, the expression of the specific terms of mediation is also important. Do not miss your own claims. It is best to ask professionals to check.

The previous mediation procedure has greatly eased the confrontation of the lawsuit. The two parties can solve the dispute rationally and peacefully, efficient and economical, and is a good way to resolve disputes.

Of course, for the divorce parties, the previous mediation process is also a psychological game. The divorce attitude expressed in the mediation, as well as the degree of attention to children's support, property division, or property transfer, are all subsequent formal trial lawsuits.

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