Marriage, partnership and family offer a wide range of areas of conflict, often resulting in legal disputes, particularly in the event of separation and divorce. Judicial proceedings often cost a lot of time and can be psychologically onerous. Mediation can be used to avoid lengthy judicial proceedings. Mediation may also be carried out during an existing judicial proceeding in order to reach an out-of-court solution if it is in the interest of the parties.
The aim of mediation is to find a solution for the conflict in a manner which is oriented towards the future. The mediator’s task is to assist the parties in finding solutions within the mediation process. The mediation process is based on a given structure. The parties themselves determine which conflict should be discussed and resolved.
The advantage of mediation over litigation is being self-responsible for resolving the conflict rather than arguing in court. Mediation can be carried out more quickly than litigation and offers parties the opportunity to face each other with respect after the conflict has been resolved.
Examples of a family mediation (not a complete list) can be:
- How to take care of the children?
- Who has the children at what times, on holidays and during holidays?
- How is the house divided and what happens to the common house?
- How to deal with new family configurations?
- Can divorce be arranged by consensus?