Is it an alternative to the process?
Can I access family mediation once the process has started?
Is mediation possible for a conflict in succession matters?
Who can promote the mediation process?
The most important aspect of the mediation contract is its voluntary nature. The involved parties have the freedom to opt for mediation or not, and also to withdraw from it at any time.
With the assistance of the independent professional, they will attempt to find common ground that allows for a reduction of the negative effects of the process, especially if there are minors involved, considering the best interests of the child. Finally, once an agreement is reached by the parties, the Family Mediation Agreement or final process report will be signed, which will outline the agreements reached.
If the spouses wish to submit the mediation agreement for judicial approval, it must take the form of a Regulatory Agreement so that it can be submitted to the Court in the separation or divorce proceedings.
The mediator’s role is to encourage understanding between the parties, all under the indispensable note of fairness and equality among them.
Far from adopting a legal stance on the matter, mediation is premised on reducing the distance between the parties and reaching a lasting and truly resolving agreement for the conflicts they face.
Mediation entails numerous benefits. It is a quick, cost-effective, and efficient tool that fosters communication between conflicting parties (reduces conflict). It is confidential and involves the intervention of a neutral and impartial third party who guides the mediation process (Mediator), thereby breaking the winner-loser paradigm, and it will have executive force in case of non-compliance by the parties.