How mediation can be an effective alternative to legal proceedings in cases of divorce, separation or child custody disputes
When we think about mediation, we think about family mediation first and that is, without a doubt, the space par excellence where conflict management must display its effects with an indisputable protagonism; Furthermore, we could affirm that the professional mediator will work much more comfortably than the judge since he analyzes elements that are not of a legal nature and that belong to the private sphere of the life of the protagonists of the case. conflict. Specifically, we are going to analyze those advantages that mediation poses in the scenario of legal processes of divorce, separation or conflicts regarding custody.
The first issue that we must understand is that mediation work for these matters offers comprehensive answers, that is, conflict management in mediation “manufactures” answers in the form of agreements that can and should address all the elements that are important to the parties. , even when they don't have legal nature (An example is the inclusion in mediation agreements of behaviors towards children by agreement of the parties that can be included in a potential mediation agreement and that would be difficult to fit into a judicial ruling of a family nature).
This comprehensive response is complemented by the way in which the agreement is born, that is, the parties feel that they are protagonists of the agreements reached and therefore, the degree of compliance with the agreement is significantly enhanced; It is interesting to give relevance to the agreements reached in mediation for this type of matters because it is normal that both separations and divorces where there are minors require future reviews and changes due to the needs of the children. minors. Mediation offers the possibility that the agreements provide for revisions in response to the change in circumstances and needs of the minors with the holding of new meetings in mediation to address these emerging issues.
We cannot leave behind the immediacy with which the parties deal in mediation with issues that require immediate answers; Let's think about caring for children, paying mortgages or food or vacation periods that cannot be at the expense of judicial orders with deadlines so distant in time. It is the mediator who asks at the beginning of the mediation what concerns the parties from the first minute and prepares a work agenda giving priority to the elements that are priorities for them (in the end the professional uses ranking tools and interests that pursue this end).
Yes, work on mediation These matters require a commitment from the parties regarding the collaboration and information that will be used in the process, that is, for the mediation to be meaningful and effective, the information that the parties contribute to the procedure must be real and true because if it is not Thus, the potential agreement will not be viable or stability will be called into question.
In conclusion, in these mediation work spaces we ensure that the parties are protagonists of the conflict that has an eminently private nature and therefore, the solutions offered should have that origin since the public sphere of conflict resolution does not reach learn about certain realities that only the parties know.
Knowledge in family mediation opens the doors to a future full of understanding, harmony and solutions. Study with passion and become the agent of change that families need! Reserve your place in the International School of Mediation.
