27 February 2023
Some of our family lawyers also work as mediators. I am one of them. Mediation in family law cases is on the rise. Nevertheless, some ambiguities about mediation still exist.
In this weblog, I therefore take a closer look at mediation. What are the benefits of mediation? And when is it best to opt for mediation?
Mediation is where the parties engage in joint discussions under the guidance of a mediator. The main aim is to reach agreement of the issue under dispute. As a mediator, I also pay attention to the parties’ mutual communication and emotions in the process.“Why is attention being given to this?” is a frequently asked question, another is “mediation isn’t relationship therapy, is it?”.
Mediation is indeed not relationship therapy; the aim of relationship therapy is to improve the relationship, while mediation looks at ending the relationship. However, reaching agreements together often requires attention to be paid to mutual communication and the parties’ emotions. Sadness and anger are emotions that are often pent up and they affect your body. By paying attention to this, mutual understanding is created and agreements to be made in which the role played by emotions is minimised.
Mediation is possible for all family law issues. As a mediator, I am often involved at the beginning, i.e. at the time of divorce, dissolution of a registered partnership or the end of the relationship. However, mediation is also suitable when a conflict arises years after you have separated, for example about the children or maintenance.
An advantage of mediation is that it is usually completed faster than court proceedings. It is also often cheaper; after all, you jointly pay for one mediator instead of two lawyers. Another important advantage is that you make the agreements yourself and do not have them imposed on you by a judge. Finally, mediation often has a healing effect on mutual communication. This is not only in your interest, but also in the interest of your children.
If you have any questions about mediation, please do not hesitate to contact me via d.bertsch@gmw.nl or 070 3615048.
