Family mediation: when and why to use it
What family mediation is
Family mediation is a voluntary process in which a neutral, impartial third party, the mediator, helps the parties (a separating couple, parents disagreeing over child custody) find a solution to their conflict themselves, rather than having it decided by a judge.
The court's role
The CCP (art. 214-218) allows a court dealing with a family dispute to suggest mediation to the parties, without being able to compel them to do so: mediation remains a process based on the parties' willingness to take part and engage in it in good faith.
The benefits of mediation
Mediation often helps preserve the relationship between the parties, which is particularly important when children are involved and the parents will need to keep cooperating after the separation. It is in principle faster and less costly than contested court proceedings.
Approval of the agreement
An agreement reached through mediation on matters such as child custody or maintenance must in principle be submitted to the court or the competent authority for approval to become legally binding, with the court checking that the agreement respects the child's best interests and public policy.
Frequently asked questions
Can the court force me into family mediation?
No, mediation remains a voluntary process: the court can suggest it (art. 214 ff. CCP), but cannot compel the parties to take part against their will.
Is an agreement reached through mediation legally binding?
It becomes so once approved by the court or the competent authority, which checks in particular that the agreement respects the child's best interests if it concerns parental matters.
Is family mediation suitable for every situation?
No, it requires both parties to be able to discuss matters in good faith on an equal footing; it is in principle not suitable in the presence of domestic violence or a significant power imbalance between the parties.