DEFINITION & SCOPE
Family Mediation is a process involving the construction or reconstruction of family ties based on the autonomy and accountability of those involved in situations of broken relationships or separation in which an impartial third party, independent, qualified and without decision-making powers: the family Ombudsman, supports, through the holding of confidential meetings and communication, conflict management in the realm of the family, in all its diversity and changing nature.
This is the official definition of Family Mediation, recommended by the National Advisory Council of Family Mediation, adopted by the APMF (Association for Family Mediation) and FENAMEF (National Federation of Mediation and Family Spaces ), and used by the French government.
Its field of intervention covers:
- All types of union, including: marriage, cohabitation, PACS;
- The status of intergenerational ties in all their diversity;
- All types of broken relationships such as bereavement, separation, heritage;
- Family situations on an international scale;
- The inability to communicate;
Four main types of Family Mediation:
1 / Conventional Family Mediation.
2 / Judicial Family Mediation (by order of the Family Courts, in all cases including summary proceedings, always ruled on by the Judge with the consent of the parties).
3 / Legal Injunction forcing an informative interview on family mediation.
4 / Criminal Mediation – family oriented (by the Public Prosecutor).
The Family Ombudsman can and should use law as an essential objective of negotiation, to help people to develop their own agreements in accordance with French law. It is not advice but merely objective information disclosed according to the stance of the mediator (positively reformulating what the people say to include general legal concepts without relying on any received wisdom, and verifying the feasibility of their agreements with them).
The Family Mediation Service is not a legal information service, and the agreements signed during the process are purely contractual – they must be approved (by a judge, a notary,…) to have legal value.
The creation of the State Diploma of Family Mediation in France on 2 December 2003 (Decree No. 2003-1166 of 2 December 2003 establishing the GS), was endorsed by the decree of February 12, 2004 published in the Official Gazette of the Ministry of Social Affairs, Labour and Solidarity, and the Ministry of Health, Family and disability, under number 2004/11.
FAMILY MEDIATION FEES
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