Family mediation during a separation


What is family mediation and what are its advantages?

Family mediation during separation is a conflict resolution method characterized by its simplicity and flexibility. Especially since social conflicts are nowadays inevitable.

Even though it is considered one of the fundamental pillars of society, the family is not exempt from problematic situations that seriously affect the well-being of its members. Moreover, the importance of family conflicts has evolved over the last few decades, becoming more and more important.

Therefore, the focus should not be on their prevention or elimination, but on how these situations should be addressed in order to be resolved.

Family mediation

Mediation in family procedures

The traditional way of resolving disputes is usually through the courts. However, this system is increasingly far removed from today's reality. It does not offer effective responses to the needs of 21st-century society.

Legislators, aware of the situation, propose alternative methods of conflict resolution. This also offers a solution to the congestion of the courts for this type of conflict.

In this context, Directive 2008/52 /EC of the European Parliament and of the Council of the European Union of May 21, 2008, had the main objective of improving the quality of justice. It is important to distinguish between extrajudicial and intrajudicial mediation. Extrajudicial mediation is that which has developed outside the judicial process. Intrajudicial mediation takes place once the latter is initiated.

Family mediation is an extrajudicial or intrajudicial process for resolving family conflicts in which an impartial third party helps family members find a solution to their problems.

Family mediation during separation: the concept of a mediator

The mediator is a third party with technical preparation who, in a position of neutrality and without decision-making capacity, intervenes in the conflict between two parties. His aim is to bring the persons in conflict to rationalize and negotiate a solution that puts an end to the dispute.

It is essential to understand that the mediator has no decision-making or legal powers. His role is limited to facilitating communication between the parties. As mentioned above, his role is to facilitate an agreement that is satisfactory to both parties.

Processus de médiation “versus” processus judiciaire

It should be noted that the judicial route tends to generate confrontation and imposition. By this, we mean that there is always a winning and a losing party. Indeed, the judicial path never seeks to favor both.

This is the reason why family mediation, in case of separation, can, in some cases, become a favorable alternative for both parties. Indeed, the mediator will always seek to base the procedure on equality.

It is also important to keep in mind that the judicial process is a rigid process, with limited and mandatory solutions. The solutions offered by mediation, on the other hand, tend to be creative, satisfying, and quick.

Remember that children should be included in the process where appropriate. It is important that they are taken into account throughout the process. The mediator's action in this regard must also be effective.

On the other hand, we must understand that mediation is not intended to solve the problems of Justice. In spite of its advantages and although it is true that its potential for expansion is important, its field of action is still very limited.

The use of one procedure or another should therefore be evaluated according to our personal situation. Without forgetting what facilities mediation can offer.