Negotiation, Settlement and Voluntary Mediation
Disputes involving an allegation of domestic violence are not suitable for mediation. If a separate request for dissolution of co-ownership is involved, the mediation rule that is a special condition for bringing that type of action is checked separately.
As to financial claims over which they can freely dispose, the parties may negotiate and settle through their attorneys before or during the action. If the dispute is suitable for mediation, voluntary mediation may also be considered. It should not be accepted that there is a general and absolute requirement of mandatory mediation for actions on the liquidation of the matrimonial property regime.
In a settlement text, stating merely a total sum is often not sufficient. It must be shown clearly which assets, receivables, debts, interest and costs the arrangement covers; the date and method of payment; the collateral; the transfer of a title deed or vehicle; taxes and fees; transactions to be carried out in a foreign country; and default and enforceability.
Our Approach to the Property Division Protocol
Review of scope and obligations
The list of assets, receivables, the payment schedule, debts and the parties’ expectations are reviewed together. Unclear waiver and release wording and the risks of payment without collateral are assessed.
Negotiation and drafting
The suitability of the dispute for settlement and mediation is addressed separately. Within the scope accepted, payment, collateral and the consequences of non-performance are set out in a clear text.
The scope of the engagement, fees and expenses, and the method of document sharing and reporting are determined at the consultation. Representation depends on acceptance of the engagement and the necessary authorization.
This is general information. The nature of the claim, the documents, current legislation and the specific facts must be assessed together. Submitting an inquiry does not stop statutory time limits.
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