Family mediation

The family mediation is a mediation in disputes within the family and within family of similar systems in the broader sense.

Family mediation is based on the same principles as mediation in general. This includes the voluntariness, confidentiality , personal responsibility of the parties, openness to results in mediation and impartiality of the mediators.

Areas of application

With regard to the pluralization of life forms , it is emphasized that family mediation can be applied to families and family-like systems. This includes not only consanguinity , adoptive and foster families , spouses , the married-in-law, civil partnerships and the blended family and other family constellations, but also residential communities and many other cultural family-like systems. The BAFM emphasizes that these constellations have in common:

"The psychological experience of those involved in the conflict with regard to an impending serious loss of emotional personal relationship is inextricably linked to the factual, economic and legal consequences of a conflict."

Family mediation is used in particular in cases of separation and divorce ( separation and divorce mediation) and in the event of ambivalence regarding the maintenance of a partnership or marriage, in disputes between young people and their parents (parent-young person mediation), in inheritance disputes (inheritance mediation) or other family disputes (such as sibling mediation, multi-generation mediation, mediation in family businesses ).

In addition, can family mediation in disputes of couples used on various topics, such as dispute about career changes, such as unemployment , workplace change or retirement , on the family division of labor , on the family planning or dealing with the departure of the children ( Empty-Nest Syndrome ).

aims

Among other things, family mediation is intended to help clarify conflicts and prevent them from escalating , serve the best interests of the child , strengthen communication and relationships between family members or ex-partners and enable the joint development of solutions.

practice

Family mediation is sometimes carried out as co-mediation by several mediators together, often by a female and a male moderator from different professions, for example in the form of an interdisciplinary co-mediation by a psychosocial and a juridically-economically oriented mediator (see, for example, Conjoint Mediation and Therapy ).

Family mediation has established itself as the third way of resolving conflicts between family therapy on the one hand and legal proceedings on the other. In this area, one has professionalisation (in the sense of Ver professional lichung) completed, first mainly in the field of mediation in separation and divorce and later in other areas of family mediation.

Regulations and funding

In Austria, family mediation in divorce and separation matters is established as an interdisciplinary co-mediation with two mediators in accordance with guideline GZ 425000/5-V / 2/04. One of the mediators has psychosocial training, such as social work or therapist, and the second mediator has legal training, such as a lawyer or judge. The mediation is subsidized by the state, whereby the affected family has to pay a share of the costs incurred for the mediator team, which, depending on the family income and the number of children, is between zero and one hundred percent of these costs.

In Germany, the Mediation Act applies to mediation, including family mediation . The Federal Working Group for Family Mediation (BAFM) eV specializes in family mediation.

At the European level, in 1998 the Council of Europe issued a recommendation by the Committee of Ministers to the member states on family mediation . The Directive 2008/52 / EC (Mediation Directive) governs the enforceability, confidentiality and inhibition of limitation periods in mediation to disputes in civil and commercial law, which borders beyond the EU. The directive therefore also applies to family mediation, albeit limited in that it is expressly not intended to apply to those rights and obligations in family law that the parties cannot dispose of themselves under the relevant applicable law.

Individual evidence

↑ ^a ^b Frauke Decker: Where can family mediation be used? Considerations on the concept of family. (No longer available online.) BAFM, archived from the original on April 2, 2015 ; accessed on March 22, 2015 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2
↑ Gerhard Falk, Peter Heintel, Ewald E. Krainz: Handbook Mediation and Conflict Management , Springer, 2005, ISBN 978-3-8100-3957-6 . Pp. 142-143
↑ ^a ^b Gerhard Falk, Peter Heintel, Ewald E. Krainz: Handbook Mediation and Conflict Management , Springer, 2005, ISBN 978-3-8100-3957-6 . P. 143
↑ Kai-Olaf Maiwald : Professionalization in the modern occupational system: the example of family mediation , Springer, 2004, ISBN 978-3-531-14151-0 . P. 27
↑ Funded family mediation. Association for the Promotion of Mediation (VFM), accessed on March 22, 2015 .
^ The Federal Working Group for Family Mediation eV - Mediation Association for over 800 members. Retrieved March 22, 2015 .
↑ Recommendation of the Committee of Ministers to the member states on family mediation No. R (98) 1 (from: FamRZ 1998, 1018). Quoted from Arno Behr, Eugen Ewig: Mediations Guide 2002: Directory of mediators, numerous information on mediation priorities, additional qualifications, professional institutions, organizations, advanced training institutes, standards , Otto Schmidt Verlag DE, 2002, ISBN 978-3-935098-03-8 . P. 293
↑ Recital No. (10) and Articles 6 to 8 of Directive 2008/52 / EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters (PDF)

[bamf-1] Frauke Decker: Where can family mediation be used? Considerations on the concept of family. (No longer available online.) BAFM, archived from the original on April 2, 2015 ; accessed on March 22, 2015 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2

[falk-etal-2005-S142-143-2] Gerhard Falk, Peter Heintel, Ewald E. Krainz: Handbook Mediation and Conflict Management , Springer, 2005, ISBN 978-3-8100-3957-6 . Pp. 142-143

[falk-etal-2005-S143-3] Gerhard Falk, Peter Heintel, Ewald E. Krainz: Handbook Mediation and Conflict Management , Springer, 2005, ISBN 978-3-8100-3957-6 . P. 143

[maiwald-2004-S27-4] Kai-Olaf Maiwald : Professionalization in the modern occupational system: the example of family mediation , Springer, 2004, ISBN 978-3-531-14151-0 . P. 27

[5] Funded family mediation. Association for the Promotion of Mediation (VFM), accessed on March 22, 2015 .

[6] The Federal Working Group for Family Mediation eV - Mediation Association for over 800 members. Retrieved March 22, 2015 .

[europarat-zitiert-nach-behr-ewig-2002-S293-7] Recommendation of the Committee of Ministers to the member states on family mediation No. R (98) 1 (from: FamRZ 1998, 1018). Quoted from Arno Behr, Eugen Ewig: Mediations Guide 2002: Directory of mediators, numerous information on mediation priorities, additional qualifications, professional institutions, organizations, advanced training institutes, standards , Otto Schmidt Verlag DE, 2002, ISBN 978-3-935098-03-8 . P. 293

[8] Recital No. (10) and Articles 6 to 8 of Directive 2008/52 / EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters (PDF)