In or out-of-court mediation?

Abstract

Legislators involved in establishinig legal coverage for mediation in family law procedures are at the present moment facing an important dilemma. They must choose between defining mediation as a service ascribed to and dependant of the Courts of Justice, or as a truly alternative and independent system, not integrated in their structure and thus out of theirjurisdiction, The position of the mediators is also discussed in similar terms, analysing whether they should be civil servants assisting the Courts of Justice or teams independent of the hierarchical structure of the Justice Administration, assisting the parties in conflict and subject to the principles of impartiality, equality and confidentiality.