Divorce Litigation and Mediation in Shanghai Featured

15 March 2012 By In Divorce Lawyer

Shanghai family lawyer

Our Shanghai lawyer share insights on the family and divorce matter. At this Shanghai law firm, we regularly update this blog and please come back if you are interested in our legal service or for your information.

What, exactly, does it mean to litigate a divorce case?

A litigated divorce means that for various reasons the case must be managed by a Judge. It is a divorce where the parties are unable to bring resolution to their issues short of this step.

The parties will engage in formal discovery which includes: The issuance of subpoenas

  • The use of interrogatories
  • The use of court appointed experts
  • The attendance of the parties and other third party witnesses at depositions
  • The formal exchange of documents
  • In many cases at least one or more court hearings
  • Even when a divorce is litigated there may remain options. It is also true that the case may need to go to trial to be resolved.

When do you decide that the case has to be litigated?

Sometimes it is clear from the beginning of a case that it will require judicial intervention; i.e., that a judge will have to make decision because the parties and their attorneys are unable to reach resolution of the issues.

There are times when a case will require the immediate application for a court order. This occurs where there has been domestic violence, child abuse or endangerment or where there is an immediate need for a support order

Here are the Top 3 Reasons couples choose Divorce Mediation:

 1. Easier on the Children and Parents
 2. Less Stressful
 3. Less Costly

Allow us to introduce a Caveat:

If the parties are uncommunicative and unwilling to listen to each other's needs, mediation is not likely to be productive.

We do understand the paradox: As a separating couple, you probably have difficulty communicating well on complicated issues. Despite this difficulty, it is true that successful mediation requires being open to communication, something that has usually been long lost to divorcing couples.

An attorney is not required for divorce mediation.

You may use a mediator to ensure that the legal process of divorce is done right. If there are unresolved issues, the mediator will present neutral guidance in the best interest of both parties, as well as every piece of information required to ensure both you and your almost-ex negotiate fairly.

A mediator cannot also serve as an attorney to either party. If there are things remaining to be resolved, it may be advantageous to the process to bring a consulting attorney or other professional to mediation sessions.

Who shall be your mediator?

California does not require divorce mediators to be licensed. This means that anyone may hold himself or herself out as divorce mediator irrespective of whether they have any degrees, experience, licensing or credentialing in the field of divorce. It is therefore important to scrutinize a potential mediator's background.

Consult our English speaking Shanghai family and divorce lawyers for free preliminary consultation. Shanghai family and divorce lawyer reminds you that the law discussed above may change over time and may not apply to current situation when you read this blog.

Read 2737 times Last modified on Sunday, 27 November 2016 03:45
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