Family Mediation: a possible solution to family conflicts.
The Cecatiello Law Firm has always supported and promoted family mediation. In mediation, the role lawyers play in supporting their clients before and during the proceedings is essential. The professional must first evaluate the mediability of the situation, in fact there are circumstances or facts that advise against mediation if they do not prevent it, think of cases of domestic violence where mediation is formally prohibited by the Istanbul Convention. The lawyer must train the client in the principles of mediation and prepare him for the proceeding. Family mediation is a procedure aimed at couples, families and aimed at reorganizing family relationships in the presence of situations of conflict, critical issues or a desire to end cohabitation, separate or divorce.
What are the benefits of mediation:
It allows everyone to peacefully express their point of view.
It is less stressful, with less conflict between ex-spouses.
The stipulated agreement can be modified subsequently as circumstances change.
It is less harmful for the offspring involved in the separation process.
It is much faster than a long legal battle in court.
Family mediation is thus a collaborative conflict resolution process, where people are assisted by an impartial third party to restore communication between them and find a mutually beneficial solution.
Among the objectives of family mediation there is also the achievement of co-parenting or the safeguarding of individual parental responsibility towards children. Family mediation is thus a path for family-type conflict dynamics in which a third and impartial figure intervenes who is requested by the married couple or parental couple who find themselves in the presence of emotional and organizational difficulties dictated by the breakup of the conjugal lawyer and by the consequent repercussions that this presents on parents and their children.
The alternative resolution of the family conflict therefore becomes a meeting point, favored by the presence of a neutral figure in which the couple has the possibility to discuss and negotiate the problems generated by the separation, whether they are of an emotional or economic nature.
The mediator, in fact, has the task of encouraging parents to mediate and establish agreements between them, according to the needs of the family nucleus, with particular regard to the interests of their children.
Here are some tips for parties involved in family mediation:
1. Mediation has times that vary from situation to situation, it takes time and it is important to be patient and respect the times of the procedure.
2. During mediation there may be tense and difficult moments, during mediation you can ask for breaks, moments of discussion only with the lawyer and even the momentary suspension of the proceedings when it is functional.
3. It is important to have a proactive attitude during mediation: bringing ideas, possible solutions to discuss leads to greater chances of success.
4. It is important after the mediation session to reflect and elaborate on what happened with your lawyer.
The alternative resolution of the family conflict therefore becomes a meeting point, favored by the presence of a neutral figure in which the couple has the opportunity to talk, discuss and negotiate the problems generated by the separation, whether they are of an emotional or economic nature. The mediator, in fact, has the task of encouraging parents to find and establish agreements, according to the needs of the family nucleus, with particular regard to the interests of their children.
Mediation is not the panacea for all situations but, if carefully evaluated by the lawyer, it can be an effective solution to family conflicts.
Armando Cecatiello Lawyer in Milan and Lugano