Original scientific paper
https://doi.org/10.3935/rsp.v6i3.280
An European Approach to the Process of Family Mediation
Mira Alinčić
; Pravni fakultet Sveučilišta u Zagrebu
Abstract
The topic of this article is an extrajudicial proceeding called “family mediation”. It encompasses various forms and methods of the conflict-free solution of misunderstanding among family members. Such methods are believed to be an expression of overall democratisation which recognises the capacity of citizens to decide for themselves and for their children in a responsible way. In this article, the author presents the Recommendation of the Council of Europe No. 1 (R(98)1), emphasising the principles which ought to be applied by European states both in their regulations concerning family mediation and in practice. Beside the Recommendation, also included are the opinions regarding family mediation presented by the experts of the Council of Europe at a conference in Strasbourg in 1998. The author compares the data from the Recommendation and the experts' opinions on family mediation with the situation in the Croatian legal system, in which the family legislation prescribed (as early as 1978) a compulsory conciliation procedure of spouses prior to divorce. Since 1997, there have been new regulations in Croatia prescribing the establishment of counselling centres which provide professional assistance in a variety of life crises (the Law on Social Welfare, 1997) and on the mediation procedure which is compulsory when there are children in marriage who are not of legal age (the Family Law provision, 1998). The author is of the opinion that in order to introduce family mediation as proposed by the Council of Europe, citizens in Croatia should be offered (together with the existing models of professional assistance) new, privately organised and diverse mediation services.
Keywords
family mediation; Recommendation of the Council of Europe R(98)1; Croatian family legislation on the extrajudicial resolution of family disputes
Hrčak ID:
29988
URI
Publication date:
1.3.1999.
Visits: 3.051 *