Alternative Dispute Resolution – Family Mediation

A couple is torn apart, separation is imminent. Parents argue over custody of their child. Grandparents are ”  prevented  ” from seeing their grandchildren. A young fugue because he does not want to see a parent anymore. Nothing goes wrong since this or that event happened in the family …



It would be necessary to be able to talk to each other, to listen to each other, to decide new ways of living, to be in relation, but it has become impossible so much the listening is difficult, the dialogue is broken, the emotions with ”  flower of skin  ” …



” Capitol Herts Mediation is necessary ” we hear, or we must ”  mediate  ” relations, can we read in social reports or court documents.



Many initiatives and various professional practices have come from the field of family mediation, but it has emerged little by little as a specific professional practice in its own right, without confusion with other professions in the family. A precise definition has been retained by the public authorities, ethical and deontological benchmarks have refined the outlines, the limits. A new profession was born, validated by a state diploma created in December 2003. The family mediation carried out by qualified professionals trained in specially approved training centers has today its place in the legislative devices of the field of the family.



In a societal climate aiming to privilege both an ethic of empowerment, but also of freedom, of self-determination of individuals, the devices that make it possible to articulate collective values to the plurality of situations and to singular choices are precious. Family mediation creates, as far as the family is concerned, this specific area of intersection between the ”  public  ” and the ”  private  “. In this sense, it offers members of a family the opportunity, with respect for common social values, to reclaim their ability to act, to choose and to engage.



A summary of the strengths of child protection mediation is provided in Appendix 1.


I – Definition, the field of intervention, contexts of intervention

Contexts of the intervention of family mediation:


The “spontaneous or conventional mediation” is committed on a direct approach of stakeholders, whether they have been encouraged or not by a professional, a person close to them or informed by other means.


Mediation is ”  judicial” when it has been proposed by a family judge to conflicting parties and after obtaining their agreement the magistrate has appointed a service or mediator to engage it.


The “penal mediation” is required by the public prosecutor in the exercise of its discretionary prosecution, prior to the outbreak of public action. In family litigation, it is mainly used for ” abandonment of family  ” (non-payment of financial contribution) and ”  non-representation of child  “offenses, sometimes also in ” violence  ” complaints situations.  this is conjectural in a situation of marital breakdown, for example.


Regardless of the context of intervention, stakeholders engage freely and directly in the process of always supporting the ability of those involved in dialogue, to question and to make joint decisions.