Mediation: reflections of a judge

Abstract

The legal system often fails when it attempts to find solutions to family conflicts. They often entail aspects that exceed what can be regulated by law. They are conflicts that are produced within 4 complex network of interpersonal relations, which make it difficult to determine the most just and convenient solution for each case. Mediation is proposed as an alternative procedure for the resolution of family conflicts,

The judge must have sufficient criteria when making a decision about the convenience of proposing mediation for a given case and the moment at which this should been done. He/she must also consider that it is possible to incorporate mediation at each one of the phases of the legal process, from the initial temporary measures all the way through to the application of the sentence.

The article concludes with a critical analysis of the project for a family mediation law in Catalonia.