Marriage and family dispute mediation skills

Answer 1

Here are some tips for resolving marriage and family disputes:

** 1. In terms of conflict resolution **
1. ** Listen patiently **
- Letting both parties fully express their thoughts and feelings would help them vent their emotions, and at the same time, it would allow the mediator to fully understand the root cause of the conflict. For example, in the case of a couple fighting for custody of a turtle, the judge had to first listen to both parties 'thoughts on the turtle's investment and emotions before further mediation.
2. ** Emotional Counseling **
- When both parties are emotional, such as in the divorce dispute case mediate by Qindu Court, when the original and defendant are more emotional and have a tendency to become more and more intense, the mediator can adopt the "back to back" method, patiently persuade both parties, move them with emotion, reason, objectively and fairly explain the law, guide them to mutual understanding and mutual accommodation, and prevent the contradiction from worsening further.

** 2. Respect for mediation principles **
1. ** Lawfulness **
- The mediation should not violate the relevant laws and regulations, especially the legal rights and interests of women, children and the elderly, so as to avoid the negative influence of feudal thoughts on mediation. For example, when dealing with marriage and family disputes involving property division and custody, they had to follow the Marriage Law and other relevant laws.
2. ** Fairness **
- Due to the complexity of the reasons behind marriage and family disputes, mediation should take into account various factors to achieve fairness and justice. For example, when dealing with disputes involving the return of betrothal gifts, one had to consider the investment and contribution of both parties in the relationship.

** 3. The mediation process **
1. ** Initial Contact Stage Skills **
- When the mediator begins to approach the parties, they may encounter different modes of response. For the parties who responded indifferently (about 20%), the mediator should have an understanding and tolerant attitude, and tactfully tell them that negotiating a divorce is beneficial to both parties, hoping that the other party will consider it before contacting them. For those who had a negative response mode (about 30%), do not directly discuss specific issues for the first communication. Give the other party a few days to think about it before talking again. As for the parties in the positive response mode (about 50%), although this was a positive start, it did not mean that the probability of successful mediation increased, but it was beneficial to find the gap between the two parties.
2. ** In-depth Communication Stage Skills **
- The mediator had to dig deep into the reasons behind the conflict. Not only did he pay attention to legal issues, but he also had to consider emotional factors. For example, in the distribution of property, in addition to the legal provisions, one party's contribution to the family, the wrong party, and the innocent party might also be considered. For example, when a divorce case involved custody and property division, one could not only look at the legal provisions on the surface, but also consider the child's wishes, the environment in which he grew up, and the ability of both parties to raise him.
3. ** Techniques in the conclusion stage **
- At this stage, they had to combine the previous mediation situation and come up with a plan that was acceptable to both parties. This may require the mediator to constantly mediate between the two parties and adjust the content of the plan to achieve a satisfactory or at least acceptable outcome for both parties. For example, in a case involving the division of joint property between husband and wife, a reasonable division ratio should be determined according to the demands of both parties and the actual situation.

** 4. Dealing with special circumstances **
1. ** Dealing with special property disputes **
- For example, in the case of a couple fighting for the custody of a turtle, mediation should be carried out from the legal provisions, the relationship between husband and wife, the emotional value of raising pets, the commercial value of pets, and other aspects to determine the ownership of special property and compensation methods.
2. ** Dealing with Unregistered Marriage Disasters **
- When dealing with disputes caused by not registering marriage, such as the return of betrothal gifts, it was necessary to reach an agreement between the two parties through patient interpretation and analysis based on the actual contribution of both parties and changes in their feelings.

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