What is mediation?
Some of the most important mediation principles are these:
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Mediation is a voluntary process. No one can be constraint to participate in mediation.
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All information, whether spoken or written, shared during mediation and the related communications is confidential and cannot be used in legal proceedings. The mediator cannot be called to bear witness in court. The mediation protocol and the mediation accord are not confidential documents, unless the parties agree otherwise in writing.
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Although the mediator will help parties achieve relational restoration, she will not make decisions for them, nor will she give specific give legal advice. In separations, successions, or any situation involving financial decisions, it is beneficial for participants to obtain legal advice promptly. This helps them gain a clearer understanding and assessment of the fairness of any proposed arrangements.
For whom?
For spouses, parents and their teenage or adult children, for brothers and sisters or for grandparents, aunts, uncles, step-parents, godparents intending to connect with their grandchildren, nieces and nephews, step- or godchildren, who would like to communicate better and /or mend their relationship.
Since 8 April 2024, family mediation agreements have had to describe in concrete terms how parents have taken their children's best interests into account. A child inclusive mediation session can help parents understand their children's views and feelings about changes in the family structure that directly affect them. This can help parents to work together in the best interests of their children even when difficult decisions are made. The decision to listen to the child's voice in mediation requires the agreement of both parents and the mediator.
In conflict, we tend to stick to our guns, protect ourselves and shift all blame on the other. Depleted empathy reserves obscure our contribution to the interaction that generates conflict. As mediator, I do suggest resources to improve communication. But the main gain for the participants relies in the experience of a different and more profound dialogue. At first, I mediate this dialogue, but the goal is to help model communication that the participants may then pursue on their own.
Duration and cost
Mediation is time and cost-effective: it could range from 3 sessions in marital mediation to 6-8 sessions in separation mediation. When participants are well informed of their options (by seeking legal and tax advice), getting to an agreement is easier. Mediation is a process and with any process, regularity is key. Once you decide to start mediation, meeting in weekly or bi-monthly sessions builds the dialogue up and works towards finding an agreement much better than holding emergency meetings.
Fees and rates at 1 May 2024:
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1.5 hours mediation session: €60 per person
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possibility of working in sessions longer than 1.5 hours for €20 per person for each additional 30 minutes
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child inclusive mediation session: €120
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child inclusive mediation session together with a psychologist: €120 and the psychologist's fee
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1 hour individual session: €50 per person
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provision for drafting the mediation agreement: €100 per person
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drafting of mediation agreement, other documents, correspondence, analysis of documents : €70 per hour
The session
The mediator listens to the participants and ensures that their interests are heard. In the first session, I usually introduce my approach and the Agreement to Mediate (Protocole de médiation). This is a document about one or two pages long. It includes the participants' names, the topics that they wish to discuss, the principles of mediation, the role of the mediator, the conduct in mediation and the mediator's fees. The Agreement to Mediate is signed by the participants at the beginning of mediation. Participants' lawyers are not usually present during mediation sessions. They inform, advise and support their clients on a one-to-one basis, in an approach that facilitates mediation.
The Mediation Accord
Let's take a closer look at a mediation accord concerning minor children. It would include the type of child residency parents choose (shared residence or primary residence with one parent and secondary with the other), where the child will live during school term and school holidays, what extracurricular activities the child will attend, who will be responsible for transportation between residences and activities, how information about school reports and medical concerns will be shared, how to consult each other about a parenting decision, how to spend family events and religious festivals etc. In all cases, parents will continue to take together the important decisions regarding a child's health, upbringing, education, leisure activities or the child's religion even if they decide to separate. This mediation accord can also include other topics such as the child's travel abroad, child support, and parental participation in the child's extraordinary expenses. Since the mediator cannot give advice to participants and given that financial provisions in the accord have tax consequences, participants are strongly encouraged to seek legal, tax or accounting advice before the signature of the final accord. Mediation ensures that the interests of all parties are heard and encourages creative solutions.
A mediation accord concerning minor children concluded in the presence of a family mediator accredited by the Federal Mediation Commission can in principle be declared authentic and enforceable by the Family Court. Its content will not be called into question unless it is contrary to the interest of the child.
After mediation
One or the other participants on their own, the participants together or their counsels may seek approval of a mediation accord concerning a separation or minor children from the Family Court in order to give it the strength of a judgement. In certain situations, such as divorce, the parties' counsels or their notary convert the terms of the mediation accord into a form acceptable to the court.
Mediation accords are the sum of participants' decisions and thus are expected to be implemented and function smoothly. In the event that one party does not observe a court approved mediation accord, it still retains the strength of a judgement and it is enforceable. Participants can return in mediation to adapt or change provisions, e.g. as children get older and their needs change or parents' circumstances change.