Out-of-court settlement of disputes between spouses

Family conflicts and disagreements among spouses can arise for various reasons, such as misunderstandings, financial problems, raising children, etc. The traditional way to solve such problems is to go to court, but this process can be lengthy and undesirable for many parties.

The legislation of Ukraine provides for out-of-court dispute settlement methods that enable spouses to independently reach mutual understanding. In this article, we will consider what out-of-court methods exist for settling disputes between spouses.

Ukrainian legislation provides various tools for out-of-court settlement of disputes between spouses, namely:

• Negotiations are one of the main methods of settling family disputes, which give the parties the opportunity to discuss their problems and find a solution to the situation that will suit each of the parties. In the process of negotiations, the spouses have the opportunity to express their needs and expectations, as well as show readiness for compromise.

Given that negotiations are mostly unmediated, it is important that each party be open to dialogue and respect each other's opinions.

• Mediation is an effective procedure for resolving a family dispute, which involves a meeting of the parties in the presence of an independent third party - a mediator. A mediator is a specially trained and qualified person who helps the parties to resolve the conflict through a negotiation process. He uses a variety of techniques aimed at relieving tension, shifting the attention of the parties from their legal positions to their interests and needs, as well as overcoming communication and psychological barriers.

This is the difference between ordinary negotiations (in which the parties themselves must agree on a peaceful settlement of the dispute) and mediation (in which there is a third person - a mediator who helps the parties to reach an agreement, taking into account the interests of each spouse).

• Settlement of a dispute between spouses with the participation of a judge is also one of the methods of pre-trial dispute settlement. Does the judge's participation in the pre-trial settlement of the dispute sound strange or not? However, the legislator provided that if the case is in a preparatory session, then at this stage the judge will find out whether the parties want to settle the conflict peacefully or not (clause 2. part 2 of article 197 of the Civil Procedure Code).

If the parties still decide to resolve the conflict peacefully and the case has not yet reached the stage of consideration on the merits (Part 1 of Article 201 of the Civil Procedure Code), then the settlement of such a dispute is possible with the participation of a judge. In this case, the judge acts as a neutral party who helps the parties find a compromise, taking into account the interests of each spouse.

If you need help in an out-of-court settlement of disputes between spouses, contact the law firm "Prykhodko and Partners ". Our company has experience in the field of family law and pre-trial dispute resolution.

We handle a variety of family matters, including property division, adoption, custody, and more. Our lawyers have the necessary knowledge and skills to help you find a peaceful and mutually beneficial solution to the situation without the need to go to court. Get in touch!