All about family mediation

Conflicts and arguments break the bonds between family members. However, silence has never been the solution to resolve internal conflicts. Therefore, it is in the best interest of the antagonists to choose family mediation. This method is based on conviviality and especially on communication. It avoids the violence of confrontation in court. Family mediation appears as a lever for bringing the family closer together. It is therefore the most durable solution. How does it work? Through these paragraphs, see how this approach works.

What is family mediation?

Family mediation is a specific approach that allows families to overcome episodes of conflict.

What is family mediation?

Family mediation is a privileged moment between two or more people, mainly members of the family circle who are in disagreement. It offers a time for discussion, a time for listening and a time for negotiation. It allows the main parties involved to consider and understand the needs, points of view and requirements of each: parents, children, heirs, grandparents…

Family mediation is a process that favours dialogue and mutual respect between the participants. It takes place under the supervision of a professional. Called a mediator, this person is mandated to ensure the liaison between the concerned actors. Family mediation takes place in a neutral place.

The procedures are structured and the steps are confidential. The objective of mediation is the amicable resolution of conflicts and the establishment of acceptable and equitable agreements. It aims at calming conflicts, evaporating tensions and restoring relationships within the family.

Who is concerned by family mediation?

Family mediation concerns all family members, especially those who are in disagreement. The process takes place in situations of :

• Conflicts in the context of a separation ;
• Tension between parents and teenagers;
• Conflicts between generations;
• Tension between adoptive parents and children;
• Tension between heirs following the death of a parent;
• Tension between parents and children in a blended family;
• Conflicts between parents and grandparents;
• Tension between adults who have lost their relationship with family members.

Family mediation requires the agreement of the different parties. The sessions take place in their presence.

When should family mediation take place?

The proceedings are initiated by a family member or the civil judge. The latter invites the persons in conflict in any civil matter:

• Property law;
• Civil liability;
• Consumer law;
• Family law;
• Criminal liability;
• Real estate law.

The judge proposes mediation as soon as the first signs of a quarrel appear. In the context of a separation or divorce, family mediation is necessary if the ex-spouses have difficulties in reaching an agreement on alimony or child custody.

However, the judge cannot require family mediation in a divorce caused by domestic violence. It is also not possible if the judge finds that a spouse is controlling his or her partner.

What is the purpose of family mediation?

The main objective of family mediation is to overcome family conflicts. The process strengthens bonds and establishes dialogue. It encourages the mutual search for a fair and mutually beneficial solution . It promotes the organization of a family structure in which each member can find his or her own way.

In the event of parental separation, family mediation facilitates the establishment of agreements on the place of residence, health, relationships, leisure activities, spiritual life, schooling and the daily life of the children. The procedures speed up the distribution of property and the financial contribution of each parent.

In addition, family mediation requires certain conditions:

• The absence of a conviction of any of the parties involved ;
• The financial independence of the parties involved.

The procedures also intervene in the context of a succession or a conflict between generations.

Why family mediation?

Family mediation is close to an amicable solution, but it is not without flaws.

The advantages of family mediation

Family mediation is a way to express oneself. It gives theopportunity to share feelings.

It is faster and more affordable than legal action. In some situations, family mediation can even be free or subsidized. In addition, the procedures are simple and take little time.

Family mediation promotes agreement and success for all parties involved. The process promotes safety and fairness.

In addition, it allows you to set the terms of :

• The documents to be submitted ;
• The need for a lawyer;
• The time of the sessions;
• The participants in each session.

This technique is a first step towards a productive dialogue. It leads to an appropriate and lasting solution. It consolidates the social link and avoids the violence of a trial.

The disadvantages of family mediation

Certainly, the procedures seem to be financially accessible. However, the parties involved must share the mediator’s fees.

In the case of a divorce, the use of mediation can be detrimental to a partner who is a victim of domestic violence. An abusive partner who withholds information may mislead the mediator. For this reason, the mediator should thoroughly investigate the problem if domestic violence has occurred in the household.

The procedures, while quick, are incompatible in an emergency setting. For example, mediation is unnecessary if a spouse wants to obtain an emergency judgment to prevent the departure of his or her ex-partner with their child to a foreign country.

How does family mediation work?

Are you wondering how family mediation works? The procedures go through a series of steps.

Acceptance of mediation

Family members in a conflictual crisis consider family mediation as the solution to their situation. Nevertheless, this recourse remains optional. Each person involved is free to choose or refuse this option. In some situations, the judge may impose mandatory family mediation for the good of the people involved.

In all cases, guaranteeing the holding of a family mediation requires the agreement of each person and therefore a voluntary and not imposed participation.

The choice of the mediator

Next comes the choice of the family mediator. This is a third party who can take responsibility forthe family mediation. This person can be a psychotherapist, a lawyer, a notary, a psychologist, a social worker. It can be a natural person or a legal entity. In addition, family mediation associations offer their support and can serve as a link between the actors involved.

The role of the mediator is above all to listen to the views ofeach party. He or she confronts the different points of view and invites each party to find solutions on their own. He has no power of judgment and cannot make decisions. His mission is simply tohelp the parties find an amicable solution. He also restores understanding and dialogue while easing tensions.

The beginning of family mediation

The process continues with the preparation of future meetings. To do this, each participant carries out :

• The establishment of a financial balance sheet of the couple’s personal assets and property (in the case of a separation);
• Collection of useful documents: school records, tax papers, invoices for the purchase of goods, etc;
• A list of the objectives of the mediation;
• Consultation with a legal expert to remind the parties of their obligations and rights.

The mediator begins the session with a reminder of the points to be discussed. After signing the contract describing the terms of the mediation, the rules and the steps, the mediator begins the session. Each party is invited to speak. The mediator looks for a way to negotiate with the people involved.

Participation in the sessions

In the case of a divorce, the main parties involved begin with a free information session. The meeting focuses on parenting and the relationship between parents and children. The free session is mandatory.

Its duration depends on the number of dependent children. Parents receive 5 hours of free mediation with their children. If there are no children, the duration is reduced to 3 hours. At the end of the free session, the following sessions are not free.

In addition, the mediator is responsible for assessing whether or not the dependent children will participate in the first sessions. Note that a minor is automatically considered a dependent child. Similarly, an adult who is still in school and financially dependent is a dependent child. They must therefore participate in family mediation.

The conclusion of the mediation

After several sessions and after reaching an agreement, the mediator signs the conclusion of the family mediation. The mediator prepares themediation agreement that expresses the wishes of each party. Often, the agreement takes the form of a list of agreements. It is therefore not a judgment or a formal contract.

The signing of the parties transforms the agreement into a contract that is binding on the signatories. In this case, the judge validates the agreement and gives it a legal value. His intervention puts an end to the family mediation.

If family mediation fails, the parties go to court. The court can refer to the agreement to assess the case.