The Principles of International Family Mediation

Abstract

Mediation among alternative ways of dispute resolution, along with conciliation and negotiations, occupies priority positions, having shown its effectiveness in comparison with judicial and administrative forms of protection of the rights and legitimate interests. The attractiveness of mediation lies precisely in the simplicity and convenience of the procedure itself, a calm atmosphere of dialogue mediated by a mediator and the obligation to resolve the conflict fairly with due regard to the opinions of all parties involved. Mediation originated as a technique for the family law disputes resolution and it is still widely used for this category of disputes and for cross-border (international) intra-family conflicts as the optimal form of dialogue between conflicting family members. Fundamental principles of mediation — the guiding principles of construction — predetermine its attractiveness as conciliation prosedure. This social institution is based on voluntariness, confidentiality, impartiality and neutrality, applicability, decisions made by the participants themselves, availability of independent legal support for each of the participants, priority of the rights and legitimate interests of minors, understanding and taking into account cultural differences between family members, as well as special qualification requirements applied to international family mediators. In some cases, mediation really avoids seeking legal assistance from judicial and administrative authorities, and in some cases it accelerates the processes of proceedings involving representatives of judicial or executive authorities. For cross-border intra-family disputes, this approach is very relevant, since the international family mediator, while mediating, does not ignore cultural, religious and social differences between disputing family members. In addition, a mediation agreement does not become enforceable at its conclusion. A mediation agreement becomes enforceable only when confirmed by a court or notary, which provides it with the coercive force of the state.