Overview
The family mediator is a qualified professional holding a state diploma (DEMF) or a recognized qualification, whose mission is to help members of the same family re-establish dialogue in order to find lasting solutions to their conflict themselves.
He intervenes in a way neutral, impartial, independent and confidential. It does not take sides, does not judge, does not provide legal advice, and does not make any decisions. Its role consists of facilitating communication and the search for a balanced agreement.
Family mediation is particularly well-suited when individuals wish to preserve their relationships, especially in the best interests of the children.
Types of disputes handled
The family mediator intervenes notably in the following situations:
- separation or divorce ;
- organization of children's residence ;
- right of visitation and accommodation ;
- alimony ;
- parental authority ;
- communication between separated parents ;
- parent-adolescent conflicts ;
- sibling rivalry ;
- generational conflicts ;
- care for an elderly parent ;
- successions (relational aspect only); ;
- conflicts related to blended family reorganizations ;
- disagreements regarding the dependency of a loved one.
Situations outside their remit
Family mediation is generally not suitable when:
- one of the parties refuses all discussion; ;
- severe domestic violence or psychological control makes dialogue impossible; ;
- criminal proceedings are underway for certain acts incompatible with mediation; ;
- a person is unable to give free consent; ;
- the dispute requires an urgent judicial decision (danger to a child, immediate protective measures, etc.); ;
- The dispute rests solely on a legal question requiring a decision by the judge.
How they can help
Depending on the structures, the mediator can intervene:
- in person ;
- via videoconference ;
- exceptionally by phone for certain preparatory interviews; ;
- during individual interviews; ;
- during joint meetings.
Mediation often includes a preliminary information session followed by several sessions.
Eligibility requirements
Mediation involves in particular:
- the voluntary participation of individuals (excluding court-ordered information sessions); ;
- the ability of each person to freely express their point of view; ;
- the willingness to seek an amicable solution ;
- a family conflict.
No lawyer is mandatory, but each participant may be assisted or advised by their lawyer.
How to find a family mediator
It is possible to contact, in particular:
- a family mediation association ;
- a family allowance fund (CAF) ;
- a House of Justice and Law; ;
- A legal aid point ;
- a contracted non-profit organization ;
- a family mediator working in private practice.
The family court judge may also propose or order an information meeting on mediation.
How to make a referral
1. First contact
One of the people contacts a mediation service.
2. Information interview
The mediator explains:
- his role; ;
- privacy policy ;
- the potential cost ;
- the course of the mediation.
3. Invitation of the other party
If only one person has made contact, the mediator invites the other to participate freely.
4. Start of mediation
Participants generally sign a mediation agreement.
5. Sessions
Each session allows:
- to identify the difficulties; ;
- to clarify the needs ;
- to search for solutions; ;
- to progressively build an agreement.
How the process works
Family mediation generally includes:
- information interview ;
- Situation assessment; ;
- definition of the topics to be covered ;
- several working sessions ;
- possible drafting of an agreement; ;
- possibility of this agreement being approved by the judge when useful.
The mediator constantly ensures a balance of speech and mutual respect.
Typical timeframes
As a guide:
| Step | Average lead time |
|---|---|
| First Date | 2 to 6 weeks |
| Number of sessions | 3 to 8 |
| Duration of a session | 1.5 to 2 hours |
| Total duration of a mediation | 2 to 6 months |
These deadlines vary depending on the complexity of the conflict and the availability of the participants.
Possible outcomes
Mediation can result in:
- a complete agreement ;
- a partial agreement ;
- a rapprochement to resume dialogue; ;
- better mutual understanding; ;
- a lack of agreement.
When an agreement is reached, it can be drawn up in writing and, in some cases, approved by a judge to make it enforceable.
Possible next steps in case of failure
In the absence of an agreement, the parties may notably:
- continue the discussions directly; ;
- consult their lawyers ;
- bring an action or continue the proceedings before the family court; ;
- request expert advice when necessary.
The failure of mediation never deprives a person of their right to take legal action.
Advantages and limitations
| Benefits | Disadvantages |
|---|---|
| Preserve family relationships | Requires cooperation from both parties |
| Put children at the center of concerns | Impossible if dialogue is completely broken down |
| Looking for personalized solutions | May require multiple sessions |
| Faster than legal proceedings | No authority to impose a decision |
| Often less expensive than a lawsuit | Not suitable for all situations involving violence |
| Confidential Communications | The agreement depends solely on the willingness of the participants |
| Enables a lasting and mutually acceptable agreement | May be followed by legal action in the event of failure |
Main applicable texts
France
- Civil Code: Articles 255, 255-1, 255-2, 373-2-10, et seq.
- Code of Civil Procedure: Articles 131-1 through 131-15 (court-ordered mediation).
- Act No. 95-125 of February 8, 1995 on the organization of jurisdictions and civil procedure.
- Decree No. 2003-1166 of December 2, 2003, establishing the state certification for family mediators.
Europe
- Directive 2008/52/EC of the European Parliament and of the Council of May 21, 2008, on certain aspects of mediation in civil and commercial matters (general principles applicable, excluding specific domestic family law matters).