Judicial approval of the agreements reached in family mediation

Abstract

This article discusses various factors that should be considered in the judicial supervision of the agreements reached in a family mediation process. Marriage is a private institution subject to legal regulation. The tension between self-regulation and social intervention in this case is most evident in situations of crisis. The alternative of mediation offers a new methodology for facing the consequences of the crisis, Its correct application requires a precise definition of the roles of the practitioners responsible for the mediation, the couple” s lawyers and the judge. The judge, when he/she approves the agreements, must review their legality relative to the personal and family statutes (personality, civil status, filiation and material needs), guaranteeing fundamental rights of the persons involved.