Parental responsibility in a cross-border context

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The mediation procedure

 

Mediation is a voluntary process that can be interrupted or terminated whenever one or both parties decide to do so or when and if the mediator or mediators determine that mediation is not appropriate under the given circumstances. The mediators are impartial, i.e. they do not take sides or pass judgment but rather act as a bridge in the communication between the parties, helping them to clarify the issues they need to settle in a fair and balanced manner. Mediators do not suggest solutions or give legal advice – for this the parties consult with their attorneys. The mediators keep all information they gain confidential and only communicate with the parties` lawyers or pass on information such as a draft agreement at the request of the parties. Family mediation focuses on cooperating to reach solutions based on the best interests of the child or children. Mediation may make judicial proceedings unnecessary or simplify them by facilitating agreement between the parties before a judgment has been pronounced (see also Articles 1 and 3 of the EU Mediation Directive).


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