LLera
     Mediación Familiar

Angel F.Llera Gutierrez
Experto Universitario

Llera Abogados
C/San Miguel Nr. 2 - Bajo
E-29650 Mijas-Costa (Málaga)
España/Spain/Espagne/Spanien

Tel. : (+34) 952 584 234
Tel. & Fax: (+34) 952 584 234

Email: info@llera-abogados.com


LLera Abogados
, will be happy to you help with any questions concerning the:

Familiy Mediation.

Our central and comfortable offices in Fuengirola (Málaga) have highly qualified professionals offering the best support in family disputes (separations, divorces, annulments ...). We help the parties to reconciliate their relationship so that the conflicts are resolved in the most satisfying way for both, and in the case of children, the interests of the children concerned.
Our main objective is the total client satisfaction and to try to do the best to achieve that the process results in an agreement, making parties 'freely' accountable for the decisions taken.


WHAT IS A FAMILY MEDIATION?
It is a technique that aims to create a climate of dialogue between the parties that are subject to a family dispute so that they can find, in agreement, the formulas needed to manage the conflict in the manner that is the most satisfying for both, respecting in any case, the interests of the children involved. The mediator's role is to facilitate these avenues of the dialogue, but in no case imposes solutions. The parties involved have to find the solutions on their own, without the imposition of anybody, and the ways to manage the crisis by creating new ways to keep in touch and to regulate their future relationship .

Although the field of mediation is very broad let us have a closer look to a typical and frequent situation. Consider a couple who is separated because there have been problems in their coexistence. This is a difficult time for both but the crisis is not resolved by the separation, probably even will get worse, if one of them, takes it to court so that a judge can decide who is guilty and who is the victim. It would be much better if the partners would overcome the accusations, disappointments and the pain of the separation and try to find a way for their future relationship which can be convenient for both. Minor children, if any, will undoubtedly be the main beneficiaries of such an agreement.

In a near future the family mediation will be a mandatory pre-instantiate procedure before any case will be going to the Family Courts.

WHAT ADVANTAGES DOES THE FAMILY MEDIATION OFFER?
The concerned parties are the real protagonists of a mediation. They know the needs of their family better than anybody else. That's why voluntary agreements are the most durable and should, in the future, arise some new conflicts, the parties are better prepared to address and to resolve them.

The ECONOMIC COSTS are lower than taking the problem to court, but especially the EMOTIONAL COSTS are much lower. The aggression decreases and people learn to channel negative feelings and each part is trying to understand the other. Under-age children, who are often the main victims of the processes of separation and divorce and therefore often used by the parents as a weapon, can overcome the conflict in a non-traumatic way. Only for the latter it is worth to try a family mediation.

WHAT ARE THE MAIN FEATURES OF THE FAMILY MEDIATION?

1. IT IS VOLUNTARY
-THE PARTS WHO DECIDE TO INITIATE THE PROCEDURE OF A FAMILY MEDIATION CAN DECIDE AT ANY MOMENT NOT TO CONTINUE.

The family meiation is a voluntary procedure. Therefore the parts have:
- full freedom to start or accept a mediation.
- the possibility to decide not to continue at any moment.
( Artícle 1 and 4 of the Law of Family Mediation of Valencia)

2. ACTIVE PARTICIPATION OF THE PARTS
-THE PARTS ARE THE AUTHENTIC PROTAGONISTS OF THE PROCESS
-the Mediator is not a judge who imposes a SOLUTION.
There is no third party in the mediation who imposes its solution: There is no judgment rendered by a judge to determine who is the winner and who the looser, who is guilty and who is the victim.

It is the parties who seek to manage the conflict from using the strategy of the dialogue and not the confrontation. The mediator is limited to encourage and favor a climate of communication that will create new relationships between the parties in conflict.


The parties are those which, freely, will try to reach agreements that will govern their future relations. The only limitation is that the agreements are not contrary to the existing law.


3. FLEXIBILITY
- PROCEDURE FITS THE NEEDS OF THE PARTIES.

The aim of the mediation at all times is to meet the needs of the parties. However, there are some minor steps that must be known and accepted by the interested parties. For this reason, the mediator, you must carefully explain the rules of the procedure at the initial meeting, based on confidentiality and good faith.

4. CONFIDENTIALITY AND GOOD FAITH
-PARTIES AND THE MEDIATOR
AGREE NOT TO DISCLOSE WHAT HAS BEEN SAID DURING THE MEDIATION SESSION.
-AN HONEST ATTITUDE IS ESSENTIAL

Confidentiality allows for greater communication between the parties and therefore more possibilities to reach agreements. The parties may discuss openly because they are sure that nothing said herein can be used against them when they have to go to court in the event that mediation does not achieve its objectives.

The process is voluntary, no one is forced to attend the mediation and therefore it is normal that the parties should act in good faith. They must maintain at every moment an honest attitude, eager to reach agreements without cheating.

5. LIMITED DURATION
-THE DURATION OF A MEDIATION IS LIMITED IS THREE MONTHS. A PROLONGATION OF TWO MONTHS IS POSSIBLE.
To prevent that the mediation loses its reason, a limited period has been established: This first period is three months after the initial meeting. If by that time the possibility of reaching an agreement exists and it is so requested by the parties, an extension for a maximum period of two months is possible. (Article 18 of the Law on Family Mediation, Valence)

6. NEUTRALITY
-THE MEDIATOR HAS TO BE TOTALLY NEUTRAL AND FAIR
-THE MEDIATOR IS NOT A THERAPIST. HE IS NOT OFFERING SOLUTIONS TO MANAGE THE PROCESS
The mediator is not a therapist. He will not be the one who comes to save the couple when having a crisis of coexistence. The therapist applies techniques to overcome the conflict, meanwhile the mediator in any case should merely guide or instruct the parties.


© Copyright by Llera Abogados Promotion & Webdesign, Fuengirola
E-Mail:info@mleister.com