Family Mediation In Separation
Family mediation in separation is a method of conflict resolution characterized by its simplicity and flexibility, especially considering that, currently, social conflicts are unavoidable.
The family, although considered one of the fundamental pillars of society, is not free from problematic situations that seriously affect the well-being of its members. In addition, family conflicts have gained greater relevance in recent decades.
In these circumstances, the focus should not be on preventing or eliminating them, but on how these situations should be dealt with so that they can be resolved.
Mediation in family processes
The traditional way of resolving conflicts is usually through the courts. However, this system has been distancing itself more and more from the reality of our days, as it does not offer effective answers to the needs of the 21st century society.
Lawmakers, aware of the situation, proposed alternative methods of conflict resolution to respond to these needs, as well as to find a solution to the collapse of the courts they were causing.
Several initiatives in this direction have emerged around the world. In Europe, for example, Directive 2008/52/EC, of the European Parliament and Council of the European Union, of May 21, 2008, had as its main objective to improve the quality of justice.
It is important to distinguish between extrajudicial and intrajudicial mediation. The extrajudicial is the one developed outside the judicial process. The intrajudicial takes place once it starts.
Family mediation is an extrajudicial or intrajudicial process of resolving family conflicts in which an impartial third party helps family members to find a solution to their problems.
Family mediation in separation: the concept of mediator
The mediator is defined as a third person with technical preparation who, from a neutral position and without decision-making capacity, intervenes in the conflict that the two parties face. Its purpose is to get those involved in the dispute to rationalize a negotiated solution that will end the dispute.
It is essential to understand that the mediator has neither decision-making nor legal power, as a judge would. Its function is reduced to facilitating communication in order to favor a satisfactory agreement for both parties.
The mediator must be a natural person in full exercise of their civil rights with a university degree or higher professional training. You must also take out an insurance or guarantee that covers your civil liability.
Mediation process “versus” judicial process
The fact that the litigation path tends to generate confrontations and impositions is relevant. By this we mean that there is always a winning side and a losing side, and the objective is not to favor both.
Therefore, in certain situations, family mediation can become an advantageous alternative for the parties involved in the separation. This is mainly because the mediator will always work to base the procedure on equality.
It is also important to take into account that the judicial process is a rigid process, with limited remedies and mandatory compliance. On the other hand, the solutions that can be reached through mediation are usually creative, satisfying and quick.
It is worth mentioning that, if there are children, it is necessary to include their participation in the process. It is important that your interests are always taken into account. The mediator’s role in this regard must also be effective.
It is essential to understand that, anyway, mediation was not born to solve the problems of justice. Despite its advantages, it has a very limited scope of action, although its expansion potential is wide.
Thus, depending on the situation in which we find ourselves, it is positive to evaluate the use of one procedure or another, always taking into account the facilities that mediation can provide.
