engleski

Challenges of Family Mediation

Mediation as a model of alternative dispute resolution of family law conflicts in the contemporary sense is a part of the positive law regulation of the Republic of Croatia, introduced by Family Act of 2014 and 2015 respectively. In addition to family mediation, as a substantially new approach to family law disputes, new family law regulations have introduced obligatory counseling before initiating the divorce proceedings, as well as obligatory counseling before initiating court proceedings regarding exercise of parental care and contacts concerning child. Such an approach to the family which is experiencing changes deriving especially from divorce, but also from conflicts concerning exercise of parental responsibility or contacts concerning the child, is primarily directed towards one aim – reaching a parental agreement i.e. consensual dispute resolution between other family members in order to avoid court proceedings. One of the reasons that should direct and encourage the parties in peaceful resolution of their dispute is the new legal arrangement of exercising parental responsibility after divorce in a case when parenting agreement has not been reached. The paper will therefore analyze whether such a dual concept is the most appropriate way for achievement of the principle of consensual resolution of family law relationships and whether the chosen model of encouraging parties to the agreement in such a manner opened up space for generating new family law conflicts. On the other hand, the issue of improving and possible further development of family mediation will be discussed since mediation is a valuable additional option for the parties. Although the voluntariness should be in the core of this alternative dispute resolution, this does not mean the exclusion of the necessity of informing the parties about the advantages and benefits of „the other way“, as a part of the wider action of raising awareness of the possibilities and benefits of mediation among the general public.

mediation, family law, Croatia

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