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Mediation at the Office

Mediation is an out-of-court solution to a complex situation with the support of a mediator. It is an informal process in which the mediator, acting as a trained professional is responsible for its management and effective communication of the parties. Unlike a judge, the mediator does not evaluate the dispute, does not assess the parties, and does not propose any solutions. They are prepared to listen to every party, work with their emotions, and follow their needs. They identify the topics for negotiation which the parties wish to deal with. Mediation is always voluntary and the parties retain the possibility to go to court to have their dispute decided.

The aim of mediation is to find new perspectives of the particular situation and possible solutions focused on the future. The mediator encourages the parties to propose realistic and feasible solutions based on their possibilities and needs.

The advantages of mediation are related to its lower financial demands, voluntariness, the mediator’s duty of confidentiality, and last but not least, saving the time compared to lengthy judicial proceedings. Above all, however, the parties are provided with sufficient space for presenting their needs and opinions. Mediation fully corresponds to the objective of the Office to moderate the impact of parental disputes on children. Supporting the parents’ capacity to make an agreement strengthens their parental competences and provides space for continuing the common upbringing of their children.

The final agreement may be submitted to court for approval. Several mediation sessions may be necessary for dealing with the dispute, particularly in the cases when the parties need to discuss a lot of topics, situations and perspectives. Even in the cases when no agreement has been reached, mediation may result in a better communication or understanding of the attitudes of the other party; this may be considered as a great success in particularly complex family disputes. The agreement may contain a solution to essential issues such as determining the residence of the child or the contact of the parents with the children, as well as details including bearing the travel expenses during the contact, the type of school which the child will attend, etc.

The Office offers free meditation in all the stages of the ongoing dispute. In addition, it offers the possibility to hold a mediation session in some foreign languages or on-line in the case of long distances. If the mediation process requires an interpreter, the costs are to be borne by the parties to the dispute. As it is the primary objective of the Office to pursue the interests and needs of children, it offers mediation exclusively in the cases related to them. Most frequently, these include the cases of child abductions or contact of the parent with the child, or possibly the consent allowing one of the parents to move abroad with the child.

The team of Office mediators consists of lawyers and psychologists who have completed not only basis mediation training but also additional training abroad. There are two mediators available for every specific case, prepared to provide the parties with all the information on the process, terms and rules of mediation. The team is composed taking into account the particular circumstances of the case and language skills. It also closely cooperates with the lawyer specialised in the law of the relevant country; the lawyer is available in the course of mediation for possible consultation.

Circumstances under which it is appropriate to address the situation through mediation:

  • The parties are able to communicate at least on the minimum level allowing exchange of information.
  • The dispute provides space for searching for agreements which will suit both parties, and there is more than one possible solution.

Meeting a meditator or an expert in the field of child psychology may also be ordered by court (§ 474 and § 503 of Act No. 292/2013 Coll., on Special Court Proceedings). In this case, the mediation will be held by an accredited mediator pursuant to Act No. 202/2012 Coll., on Mediation and on Amendments to certain Acts (Mediation Act).

More information one mediation may be found, for instance, here: http://www.amcr.cz/co-je-to-mediace/   

 

Contact

Office for International Legal Protection of Children

Silingrovo namesti 3/4
602 00 Brno, Czech Republic

tel.: 00420 542 215 522

> The contact details

 

Office hours

Office hours for consultations

Wed9:00 - 17:00

Other hours for individual consultations can be arranged with prior telephone agreement with competent lawyer.

Office hours

Mon8:00 - 17:00
Tue8:00 - 16:00
Wed8:00 - 17:00
Thur8:00 - 16:00
Fri8:00 - 12:00
 

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