Family mediation or express divorce?

What is family mediation

One of the areas of conflict where mediation has been able to penetrate is the family area; This fit is no coincidence and that is why the elements that make up the family conflict are treated in mediation with special attention.

Let us think that conflicts of a family nature do not find answers in current regulations. integral and adapted to the situation in which that problem is experienced (it would be a utopia to think that the Family right It will regulate each and every one of the possible realities in conflicts of this nature, that is, there are as many divorce models as there are divorces registered, none is the same as another, for example).

The legal operators They are often limited by the principle of legality to adapt their decisions to the needs of the opposing parties.

Therefore, the work in family mediation It is comfortable for the parties because it is a meeting space that is not cold and that, with the help of the mediator, allows the deployment of agreements that the parties create for their needs. specific needs.

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What is the family mediation process like?

Within the process of family mediation we can differentiate different levels of work: from the beginning of the process through a Informative session until a final session of inclusion of pacts between the parties to resolve the elements of conflict.

One of the work phases What plays a more important role in the family context is the collection of information since, in this phase, the parties will contextualize the work that will be developed in the process. Thus, we could affirm that the basis of a successful mediation in the family context is connected to the amount of information that the parties have provided to the mediator and, above all, its veracity; There is a proportionality relationship between the increase in information and the necessary work time.

Another of the most important phases within the family mediation process, which we want to highlight today, is that of option generation. In this phase of work, the mediator tries to get his clients to regain control over the problem and create as many options as there are possibilities. This encourages the mediators to strengthen their management capacity and the confidence they can have in future agreements.

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Does family mediation help in divorces?

There is an indisputable reality: working in divorce mediation allows create tailored solutions to the needs of the parties. It is significant that on many occasions the measures imposed by the courts in divorces are not complied with in their entirety and this is because they are measures that do not take into account the concrete reality of the parties; In my humble opinion, it is difficult for the courts to be able to offer sentences adapted to each of the matters they handle for two reasons: case volume and the Atention time. Therefore, it is not that working in mediation is a better option, it is that it should be the only option.

On too many occasions, the decisions that must be made regarding the children of the marriage (education, healthcare, vacations, etc.) or regarding the assets of the marriage require consensus and adaptation and, above all, parental commitment and this can only be achieved with slow and conscious work, work that is recorded on the mediation table.

Let us commit to solving conflicts of a private nature, it is the sphere private and let us leave it to the courts to assess their legality, but with the important decisions already made by the true protagonists of the conflict.

Do you want to get started in the world of mediation? Do it with the best professionals and in the leading school in the sector.

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