Careful use of emotions to do a good job in family mediation, making justice more warm
2023-05-16
As a family judge, not only should we strictly judge according to the law, but we should also exchange sincerity for truth, help the people resolve family disputes one by one, and convey judicial warmth with a cautious and professional attitude, demonstrating humanistic care. Family is the cornerstone of social stability. Family trial is a field of judgment that integrates legal principles and emotions. It is rooted in extensive and profound legal theories, and is also imbued with the atmosphere of human society. It is necessary to achieve individual justice, meet the social expectations of family members, and promote socialist core values. We should take into account both national laws, natural principles, and human relations, and integrate professional judgments of the law with the simple concept of fairness and justice of the people, so that the people can truly feel that fairness and justice are around us. There are no small matters in family matters, and successful mediation of family cases can not only resolve conflicts and disputes, but also unravel heartstrings and eliminate old grievances. The successful mediation of a case by a family judge requires far more time and energy than the judgment of a case. However, through mediation, the rights of the parties are protected in an integrated manner, and conflicts and disputes are resolved in a one-time manner. This is not only an extension of the protection of the rights of each family member, but also a social governance plan for the people's court to reduce the increase in family cases from the source. The family mediation of the people's court runs through the law, emotions, and psychology; Interwoven with ethics and morality, personal and property relationships; It closely revolves around moral construction in the current socio-economic environment. Family mediation requires the patience and love of judges, and also tests their abilities and wisdom. While striving to achieve a harmonious case, it also achieves the integrated protection of family members' identity interests, emotional interests, and property interests, promotes the governance of litigation sources, and meets the new judicial needs of the people. The mediation of a case runs through the entire process, and is not limited to the mediation stage or after the trial, but is already prepared in the pre-trial stage. On the one hand, summarize the focus of the dispute and determine the mediation attitude. Taking a second instance case as an example, the focus of the dispute in the case should first be determined based on the opinions of the parties involved, and the parties can be asked by phone in advance before the court whether they agree to mediation; If there is no willingness to mediate, it is necessary to further distinguish the reasons for not agreeing to mediate. If some parties do not understand the form of court mediation or do not agree to mediation due to anger, further explanation and communication are needed. Mediation work cannot be stopped just because the parties express their disagreement with the mediation. On the other hand, inquire about the mediation conditions and understand the real needs. Ask the parties about their mediation plans, guide them to propose mediation conditions, and identify the true needs of the parties from these conditions. When inquiring about the expected mediation conditions of the parties, they often try to have as many as possible
Edit:Ying Ying Responsible editor:Shen Chen
Source:rmfyb.chinacourt.org
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