07-02-2023
Some people first want to try to work things out together when they break up or have a difference of opinion on a family law issue such as a move, care arrangement or parenting plan. This often works better with guidance. A mediator can help with this. Under the guidance of a mediator, the ex-partners/parents can reach agreements. A lawsuit is then not necessary and that is good if contact between the ex-partners remains necessary in the future, for example if there are children.
The vFAS is an Association of lawyers and mediators specialized in Family and Inheritance Law. Lawyers who are members of the vFAS will also always try to resolve a family law dispute by mutual agreement. If mediation is chosen, there are -in principle- three people at the table: the ex-partners and the mediator. So both parties are guided together by one mediator. The mediator is neutral, independent and impartial. This is different if both parties have their own lawyer. A lawyer will always stand up for the interests of his or her client(s). The interests of the child will also be considered. A lawyer can also assist you if consultation between the parties has not led to a result and a judgment must be requested from the court.
Mediaton can be faster and cheaper than going to court and getting assistance from a lawyer. You also retain control over what you do and do not agree on. Often the relationship with the other party remains better and escalation is less likely. In court proceedings, positions often harden and there is a greater chance of escalation. Moreover, in proceedings you are at the mercy of the judge's judgment, and that judgment can also be to your disadvantage. In addition, proceedings often take a long time and are a great emotional strain for most people.
Whether mediation is wise in your situation or whether it is better to hire a lawyer immediately depends on your specific situation. Mediation is more likely to succeed if both parties are motivated, have something to offer to the other and have to deal with each other in the future.
Do you have questions about mediation or want to know if mediation is for you? Please contact attorney and psychologist drs Y.M. Bérénos to discuss the possibilities.
