In recent years, greater importance has been given to family conflicts and their consequences. During a separation, therefore, great attention is paid to resolving these dynamics.
Last update: February 17, 2022
Family mediation in separation is a method of conflict resolution characterized by simplicity and flexibility. These characteristics are indispensable since social conflicts are inevitable today.
Despite being considered one of the fundamental pillars of society, the family it is not free from problematic situations which seriously affect the well-being of its members. In recent years, more prominence has been given to family conflicts.
The aim should not be to prevent or eliminate them, but how to deal with them in order to solve them in the best possible way.
Mediation in family dynamics
In the past, people went to court to resolve conflicts with the ex-spouse. This system, however, it is moving further and further away from the reality of our day. In particular, because it does not offer effective answers to the needs of XNUMXst century society.
The legislators, aware of the situation, have proposed alternative methods of conflict resolution to meet these new needs, as well as to provide a solution to the collapse of the courts caused by them.
Directive 2008/52 / EC, of ​​the European Parliament and of the Council of the European Union, of 21 May 2008, was aimed at improving the quality of justice.
In Spain, family mediation is regulated by the legislative decree 2010/28. It is important to distinguish between out-of-court and in-court mediation. The first takes place outside the judicial process; the second takes place in court.
Family mediation means an extrajudicial or intra-judicial process for the resolution of family conflicts in which an impartial third party will help family members find a solution to their problems.
The "impartial third party", called the mediator, will always try to bring the two positions closer together. At all times, we will try to reach an agreement that is satisfactory for all.
Family mediation in separation: the concept of mediator
The mediator is defined as a third person with the necessary technical preparation who, from a neutral position and lacking in decision-making capacity, intervenes in the conflict between the two sides. The aim is to induce those involved in the dispute to rationally reflect on a negotiated solution that puts an end to the dispute.
It is essential to understand that in the context of the resolution the mediator has no decision-making or legal power, as the judge would have. His role is limited to facilitating communication. As mentioned, the mediator tries to reach a satisfactory agreement for both parties.
Land conditions necessary to become a mediator can be summarized as follows: a natural person in full exercise of their civil rights and in possession of a degree or higher professional training. In addition, the mediator will have to take out insurance or an equivalent guarantee that covers his civil liabilities.
Mediation versus judicial process
Il litigation process tends to generate conflicts and impositions, and this is a relevant aspect. By this we mean that there is always a winning and a losing side, in no case will both be favored.
For this reason, in certain situations, family mediation in separation can become a win-win alternative for everyone. Especially since the mediator's work will always be based on achieving equality.
It is equally important to bear in mind that the judicial process is rigid, with limited and mandatory solutions. The solutions that can be achieved through mediation they are often creative, satisfying and fast.
It is worth remembering that, if any, the participation of children must be included in the process. It is important that they are also considered throughout the procedure. The mediator's action must also be effective in this regard.
It is essential to understand that, in any case, mediation is not born to solve the problems of justice. Despite its advantages, it still has a very limited, albeit rather large, range of action.
Depending on the situation we are facing, therefore, it will be positive to evaluate the use of one option or the other. Always taking into account the facilities that mediation can provide.
