[Monday Column] An era that requires adjustment and reconciliation

When representing a lawsuit, there are cases where the plaintiff and the defendant reach an extreme confrontation, but reach a dramatic agreement during the trial, and the trial ends through mediation or reconciliation.

Mediation is a process in which a neutral third party intervenes between the disputing parties to resolve a dispute by reaching an agreement, while conciliation refers to an agreement between the plaintiff and the defendant to end the lawsuit by conceding each other's claims little by little.

Recently, even in criminal cases, criminal mediation has been actively carried out at the prosecution stage to amicably resolve criminal disputes and substantially recover damages to victims. If the feelings toward the other party have worsened too much, there are some people who want to reach a conclusion through the court's ruling, but as the litigation process progresses, the emotional wounds may grow beyond control due to written attacks on each other, or the desired result may not be obtained as expected. Therefore, the above dispute resolution plan can be very effective if the two sides negotiate in a win-win way by making small concessions to each other.

Let me tell you about a divorce mediation case that I remember well. In a case where it was thought that mediation would be established without much difficulty as issues such as property division were not major issues, the respondent (husband) began attacking the applicant (wife) for her mistakes, leading to mutual slander, and mediation was not established, turning it into a divorce lawsuit.

As the lawsuit continued for nearly two years and each other's emotions reached their peak, the plaintiff and the defendant came to a dramatic agreement, and the lawsuit was ended through a mediation report. Later, when I checked with the client to see how the agreement was reached, he said that the daughter had made an earnest request that her mother and father stop fighting. Although the plaintiff and the defendant will become husband and wife through divorce, I remember saying that they made a very wise decision considering their relationship that will remain forever as the daughter's parents.

Among various school violence cases, we often see cases where very close friends become estranged by saying hurtful words to each other, and verbal violence and other incidents are reported. In these cases, I, as a parent raising children, am also very saddened.

In particular, in cases where there has been no opportunity for serious conversation or voluntary reconciliation between two students, we first try to create an opportunity for conversation and find a point of agreement, because no one wants measures to be taken that leave only scratches in the hearts of both students.

Accordingly, the author has observed that an agreement was reached between the parties a day before the School Violence Response Committee was held, and the school violence committee was not held, and the matter was resolved on its own. As I watch my children, who are elementary school students, have different opinions and fights happen every morning, I think it is impossible to expect conflicts and disputes to completely disappear from human life.

This is especially true in that the history of mankind is called the history of war, as there have been numerous wars since mankind opened the horizon of history. On the other hand, we also know the history of many countries recovering individuals and communities through forgiveness and reconciliation and achieving remarkable development amid the ruins of war.

Numerous conflicts and disputes can occur frequently, broadly between political groups and social classes, and narrowly between family members and acquaintances who face each other in everyday life, and there are many different ways to resolve them.

However, in order to minimize unnecessary emotional expenditure and move toward a better future by focusing on one's own precious life rather than conflict, resolving the problem through mediation and reconciliation can be a clearer shortcut.

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[Monday Column] An era in need of adjustment and reconciliation (link)