Family mediation in Germany

After various intents of solving the problems on their own or setting an end to the dispute, the last chance is to get help by a third person.

After reviewing this lawsuit, the judge can suggest to consult a mediator, if reasonable.

Related issues, like child support, visitation rights or household goods can be resolved by mediation.

This could lead to unwanted disputes or affect the mediation procedure, because one party could feel disadvantaged.

If they decide to conduct the mediation process, but can't agree as intended, it is not of their disadvantage.

At the beginning, the mediation process was known as an extrajudicial proceeding and was introduced as an alternative to the classical lawsuit.

[3] It is the marriage partners' decision whether to conduct a mediation process or not, even if it is recommended by court.

He arbitrates and serves the parties equally under the precondition that he is absolutely neutral and impartial.

It would be useful for the mediator not knowing the disputing parties, to prevent preferences, discrimination or personal influences on the decision.

At the end of the mediation process, he can make a written agreement, to which the parties must uphold.

To become legally valid, the agreement needs to be recorded by Family Court or notarially certified.

When both parties are sure that their information is not made public and is protected against malpractice, they are able to solve the conflict more open.

After this discussion, it must be settled if the existent problem of the parties can be answered by a mediation process.

The extent of the conflict will be made clear and the points which are treating over the process are listed in detail.

In this phase the parties must reveal their problems and voice their interests, to find the optimal problem-solving approach.

[12] At the end of the mediation, the solution concept from phase 4 will be a phrased into binding agreement.

Due to the voluntariness of the mediation process, a high commitment of the two parties is to be estimated.

The purpose is to represent the three following points, without applying the law: An advantage of the family mediation in comparison to a lawsuit is the command of openness.

The mediation process takes only several months depending on the type of conflict and the commitment of the disputing parties.