
Mediation of the Parties
Peace is always better than war
Family disputes require a sensitive approach. Family relations affect not only the personal interests of the spouses but also their children and the spouses’ parents. That is why it is better to use every opportunity to resolve a family conflict peacefully. The expression “a bad peace is better than a good war” is equally applicable to such disputes.
The art of negotiation
The above does not mean that you should renounce your desires and give everything to the other spouse. I will tell you, no one will ever make concessions voluntarily. Such cases are very rare in our practice. Any negotiations are a real “martial art”. The big question is whether it is more difficult to conduct a trial or to convince the other side to change its opinion.
I will reveal a little secret. The negotiation is just the tip of the iceberg. The main work is carried out before the negotiations. First, you need to examine the situation from all sides. Understand your strengths and weaknesses and learn about the strengths and weaknesses of the other side. Second, you need to use your strengths and your opponent’s weaknesses. To put it simply, you need to prepare the arguments in favor of your position and the counter-arguments against the objections of the other spouse. Third, you need to prepare the negotiation plan. It is important to gradually bring the adversary to the desired solution, convenient for both parties. The meaning of the mediation is in maintaining a balance of interests between both sides and the conclusion of the consensus. After the marriage dissolution, the relationship of the spouses does not cease completely, they still have children for whom both parents have equal rights.
The role of the lawyer
The lawyer is the defender. The main task of any lawyer is to defend the rights and interests of the Client. Another very important point is that the lawyer always keeps a cool head. It is necessary to estimate the outcome of the case, like in a chess game. The lawyer performs all of the foregoing tasks; the lawyer acts together with or on behalf of his/her Client, negotiates with the other party according to the Client’s interests.