About Medlingsjouren
Mediation is a successful method when there is a conflicts between individuals. A family law conflict is often stressful, emotionally and financially and the children are often negatively affected by extended family conflicts. If, on the other hand, conflicts are handled in a constructive way, it can be an opportunity towards a positive change. Mediation can resolve disputes, improve communication and prevent future conflicts.
The aim of the mediation is to focus on the interests and needs of both parties with the child in focus and to enable a structured dialogue where the decision-making power remains with the parties themselves. Through a well-established mediation method, with two mediators, the goal is to reach an agreement that both parties can feel satisfied with. The mediation helps to ensure that family law conflicts can be managed at predictable costs and within a shorter time perspective. The mediators help the parties to make legally binding agreements. A mediator can therefore be an alternative to both the mediation provided by social service and a court process.
Medlingsjouren strives to provide mediators with different professions, experience, language and background, in order to offer the best composition of mediators for the specific case.
Parties who have participated in mediation often express that the communication and understanding have increased and that the support and dialogue that the mediators enabled was of great importance.
Quotes from parties in mediation:
“I experienced the mediation as more driving than the mediation provided by the social service. It was a very clear focus on what the conflict is about and what goal we wanted to achieve, unlike the mediation provided by the social service that were not as focused. ”
“I found all mediation process as a most stress-reducing part of all legal process. It seemed to be more like a constructive friendly talk.
”The fact that you were two mediators present on all occasions was positive and meant that the mediation went forward at a faster rate than would, probably, otherwise have been the case.”
”I think the mediators were very good and neutral and explained the legal aspects of different scenarios.”
“The mediation provided by the social service don’t work for us. They do not have the legal expertise required in our case to arrange the clear agreements we need. ”
What is mediation?
An out-of-court dispute resolution procedure aimed to resolve conflicts related to separations and divorces between parties, such as disputes regarding custody, where the children should live, visitations and maintenance.
A tool to achieve a responsible solution to the family law issues that need to be resolved
A voluntary process
A confidential negotiation process that aims to enable the parties to agree on a solution in consent
A way to advance, get to know and learn to understand each other’s different interests and demands on equal conditions
A process where the child’s interests and needs are in focus
A way to clarify and redefine family relationships and conditions in which mediators act as the partners’ assistants and not as their judges or their respective lawyers.
The mediation is carried out by a team of two mediators, of which at least one of the mediators has a legal background, while the other may have a background in behavioral science, psychology or other. In addition to relevant educational and professional experience, the mediators who are referred through Medlingsjouren, meet competence requirements, for example, knowledge of different mediation methods and tools, relevant legal rules, the judicial procedure, conflict management, cultural issues, the child’s best interests and children’s perspective, child talks, confidentiality and risk assessments. In addition there are also requirements for annual training and supervision. Mediators who are mediated through the Medlingsjouren are fitted for the assignment.
A mediation usually takes about four weeks. If an agreement is in reach, the time can in some cases be somewhat extended.
The mediators act in the interests of both parties and do not represent either party. The mediators are neither therapists nor legal representatives nor judges for any of the parties. The mediators encourage both parties to formulate their interests and find a framework for a reasonable solution that is written down in an agreement. Before the parties sign any agreement, they are recommended to reconciliate the agreement with their legal counsellors.
The Mediation Process
The length of a mediation procedure varies, but normally lasts about four weeks. Where in highly infected cases, if fear and anxiety occurs and the parents lack trust in each other, several mediation meetings are required.
Usually, at least three mediation sessions are held of about three hours each.
Mediation is characterized by the following five sequence phases:
– Introduction of mediation by contacting the parties, agreeing on rules for the mediation process and framework and the first agreement
– Deciding on topics to discuss and issues that should be addressed in mediation
– Managing conflicts by verbalising the background and feelings, formulating needs, negotiating the interests of the parties and thinking creatively
– Discussing possible solutions and conditions
– Coming to an agreement
The mediators help the parties to communicate with each other in a spirit of openness and mutual respect, so that they can find lasting solutions for the future. A central tool in mediation is a dialogue that opens and encourages discussion. The mediators strive for an attitude of respect, impartiality, interest in and appreciation of each other’s lifestyle and cultural background. The mediators do not decide which solutions to accept, but support and trust the ability of the parties to develop and implement a solution that suits them.