Separation and divorce mediation

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Separation and divorce mediation is an umbrella term for mediation in the context of separation and divorce .

Emergence

At the beginning of the 1980s, “divorce mediation” was introduced in the USA as the first developed mediation model. In the case of separation and divorce, there is often a pronounced conflict between the still spouses. In addition to economic aspects such as maintenance payments or the division of property, questions about the whereabouts of the children or their upbringing must also be clarified. The main goals of mediation are to reduce the conflict between the parties, to increase communication and cooperation between the parties and to reach better and more favorable agreements in a shorter time than in a court case. Separation and divorce mediation has developed steadily since its inception and is considered one of the best scientifically studied sub-disciplines of mediation. In 1988 the first lectures and conferences on divorce mediation took place in Germany.

execution

Mediations are offered by private providers such as law firms and specially trained mediators, as well as by larger church or public organizations. Due to the large number of offers, there is no uniform or standardized procedure. The individual procedures differ, for example, in the number of sessions, the costs and whether psychological concepts and interventions are included in the mediation. In general, however, divorce mediation is based on the principles of mediation . These include the

  • Voluntariness of all involved
  • Confidentiality of the mediator towards third parties
  • Mediation open to results
  • Impartiality of the mediator.

More recently, divorce mediation has focused more and more on the involvement of affected children. There are essentially three ways to involve children:

  • In child-focused mediation, the mediator deviates from his impartiality and tries specifically to point out possible interests of the children and to represent them.
  • In mediation involving children (passive), a representative is used for the children in mediation. This specially trained person (not the mediator) meets the children in advance to find out their interests and brings them into the mediation.
  • When children are actively involved in divorce mediation, the children are involved in certain phases of the mediation process and can independently influence the process.

The type and intensity of children's involvement varies from case to case. Decisive here are the voluntary participation and the age or stage of development of the children.

However, in Germany, according to § 1564 BGB, the divorce can only be carried out by a judge. Divorce mediation can only relate to the regulation of the consequences of the divorce, but not to the divorce itself.

effectiveness

The effectiveness of divorce mediation has already been proven in several studies and meta-analyzes. In comparison, it seems to be superior in some points to court proceedings or out-of-court settlement by lawyers (not possible in Germany). Various studies, especially from English-speaking countries, report a higher level of satisfaction with the agreements reached through mediation. In addition, an agreement can be reached in an average of half the time and at lower cost. Satisfaction with the process itself is higher than in the classic court process and the agreements made, for example on visiting rights, are more likely to be adhered to. Mediation can also have extremely positive effects on the family atmosphere. There was an increased cooperation and communication among the couples who had received divorce mediation. So there is strong evidence that mediation can help reduce conflict during and after a divorce and lead to an improved post-marital relationship between those involved.

Web links

literature

  • Hannelore Diez, Heiner Krabbe, Cornelia Sabine Thomsen: Family mediation and children . Bundesanzeiger Verlag, 2009, ISBN 978-3-89817-710-8 .
  • R. Emery, D. Sbarra, T. Grover: Divorce mediation: Research and Reflections. In: Family Court Review. 43 (1) 2005, pp. 22-37.
  • Gary J. Friedman et al .: The Divorce Mediation. Instructions for a fair separation . Rowohlt Taschenbuch Verlag, Hamburg 2009, ISBN 978-3-499-19944-8 .
  • Dorothea Scheuermann: Mediation in separation and divorce. Legal bases and their practical application . Wolfgang Metzner Verlag, Frankfurt am Main 2013, ISBN 978-3-943951-09-7 .