Mediation in Family affairs
What does mediation mean?
Parties will be assisted in their dialogue by a neutral mediator in order to draw up a binding agreement to resolve their conflict. The role of the mediator consists in stimulating the communication with reference to the interests of the parties and to achieve a balanced and legally valid solution.
Parties are encouraged to cooperate voluntarily during the mediation process, to be open to compromise and to respect each other’s opinion and position. Confidentiality of all conversations must be honored.
The advantages of the method are plentiful: avoidance of expensive and elaborate court procedures, participation of the parties in the decision-making process, preservation of a constructive communication between parties … All contribute to a successful outcome.
In practice ...
During the first intake conversation, for about one hour and a half, the mediator analyzes the substance of the dispute and the conflicting positions. Parties are informed about the different steps involved and the rules of procedure. Once set for a mediation approach, the Mediation Protocol is explained and signed. This protocol formalizes the key reciprocal arrangements between parties and the mediator.
During the subsequent conversations the mediator stimulates creative solutions and provides relevant legal advice. The mediator writes interim reports on progress towards approved arrangements.
If required, external specialized expertise is brought into play. For tax ruling details an accountant can be of help, or in some vcases psychological advice, also for the children involved, may be appropriate. The mediator will propose adequate professionals from her network.
The mediator will edit the formal final agreement and in some cases will submit it to the court for ratification.