By Mar Fernández Cuesta
He enhanced informed consent In family mediation, it is not a paper to sign and forget. It is a ethical and legal guarantee that protects the participants, provides transparency to the process and empowers decision-making.
What does enhanced informed consent ensure?
Real understanding of the scope, phases, limits and conditions of the procedure.
Willfulness: Mediation can be terminated at any time without penalty.
Objective of the process: facilitate the exploration of agreements while preserving the security and the Fundamental rights.
Confidentiality with limits: if they appear signs of violence, risk to minors either crimes punishable ex officio, the mediator must act according to the law.
Measures to ensure equal participation
The gender perspective approach involves identifying possible structural barriers opSpecialized support (where applicable): free legal advice and psychosocial support before and during the sessions.
Modalities adapted to safety:
- separate interviews,
- shuttle mediation (indirect mediation),
- sessions remote/online.
Professional support: possibility of going with a lawyer, psychologist or social worker as a reference.
How agreements are documented
The agreements will include:
- review clauses and modification mechanisms,
- rapid activation if they occur substantive changes either incidents affecting security.
When consent is considered granted
The consent is signed after of:
- receive all relevant information,
- have time to ask and resolve doubts,
- express freely the will to participate, without coercion.
This document protects the parties and reinforces the integrity of the process and the professional responsibility of the mediation team..
Conclusion
Informed consent reinforced turns mediation into a space safe, transparent and equitable. It is not a formalism: it is the basis for responsible decisions and sustainable agreements.
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