To try to find an area of agreement, payment out of court by agreement
The mediation for a divorce is always felt like a “new absurd idea” in France, but she is known more and more and frequently used. Intended to solve the conflicts related on the divorce and separation, the family mediation appeared in France in the years 1980.
When it is still time, all must be tried to find an agreement durable and mutually acceptable. The lack or the impossibility of a dialog between the parents can involve dramatic consequences for the children.
Who can ask for family mediation?
The mediation is addressed to all the people who are in conflict situation. It can be undertaken constantly at the time of a conflict situation and intervene constantly during a procedure.
In general, it is about a voluntary step but it can be asked by the judge the Family businesses.
It can help you with:
- exercise of the parental authority,
- to restore the dialog,
- to evaluate the consequences of a divorce or a separation,
- to seek the interest of the child and how to contribute together to its education (school choices, sports activities, doctors, of religion…),
- to find solutions the most adapted to your situation,
- to determine the frequency of the rights of access, the main home and the guard of the children.
The role of the mediator
The mediator is a professional who received a specific training over two years. Its role is to help with the re-establishment of a dialog. It is subjected to the respect of a code of conduct; it must respect and preserve the confidentiality of the talks. It is neutral and impartial and it does not have the right to testify in justice.
Often solicited during a procedure, they can, in this case, being taken charges some by the jurisdictional assistance.
While the lawyers like to make proposals and to defend of the positions, a good mediator will direct the parts towards proposals which will make evolve/move the positions. He will try to find an agreement between the parents, while adapting to each situation.
The mediator takes party neither for one nor for the other; he tries to recreate the bond between the people, to preserve the dialog and the communication.
How is held the mediation?
The mediation is voluntary and asks for the assent and the active participation of each participant. It is held on the basis of several one duration talks of 1:30 at 2 a.m. each one. Three to six meetings are necessary.
It is a way of putting black on white of the agreements taken verbally and of obtaining an agreement written and signed with possibility of presenting it to the judge, this document holds place of moral engagement between the people concerned.
This draft-agreement can be to work again if there is a material change (new spouse, removal…).
The cost of the mediator is according to the incomes of the applicants.
The family mediation makes it possible to obtain extremely useful and effective results. It constitutes a place of word to include/understand and alleviate a conflict, to found a comprehension and a mutual confidence. It gives the possibility to the parents of expressing their request clearly. It is not easy to be found in front of its ex for which one has such an amount of rancour but that makes it possible to rebuild a bond of Co-parents. It makes it possible to the children to be extracted from the conflicts of the parents and to preserve any possibility of communication and bond with their family.
The principal advantage of the mediation is that it maintains you to you and your spouse in the control of your own divorce.
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