Case 9 – Luzhou interval-trial divorce mediation
Location: The district court
Participants: The judge, the wife (plaintiff), the husband(defendant) and the secretary.
The Case:(https://www.daowen.com)
The wife wants to divorce her husband and has brought the case to the court.The woman cites conflicts between herself and her mother-in-law, and the husband’s negligence to familial duties(he would rather play cards late into the night than be with his children).The husband is contesting the divorce.
The Mediation Session:
The judge is presented with the facts of the case, and the presentations of both parties.The judge then asks the parties if they wish to use mediation instead of a trial to resolve the problem.Both agree, therefore, the judge becomes the mediator.He conducts caucusing with both disputants, then brings both disputants together and compares everybody’s note.Caucusing is a popular format of mediation in both China and the United States.The mediator brings in the disputing parties separately to have individual discussion with them.In this way, the disputants will feel more comfortable telling what they really think and the mediator can make private suggestions and comments based on acceptable mediation principles.The wife finally agrees to stay married.Both signed an agreement.