Editor Coimbra Editora
Author(s) Rossana Martingo da Costa Serra Cruz
Year 2011
Availability for sale
Synopsis The aim, in this study, was based on the need to approach a legal perspective of Family Mediation. While alternative dispute resolution is intended to provide a solution mutually acceptable to the interveners. It is not a matter of neutralizing the agreement, but of seeking consensus among the parties. While the traditional system points us to a winner and a loser, mediation is based on a situation in which both protagonists of the conflict win (win situation). These out-of-court dispute settlement mechanisms are based on the assumption that the parties are able to find the solution that best suits them by giving them the power and confidence to do so. As it deals with eminently personal issues, family mediation is often viewed with suspicion by the legal world. A substantial strand in this regard will be the sometimes cunning demarcation between what is mediation and what is therapy. However, there are several aspects related to Family Mediation that need legal concretization. Throughout the next pages a study is made in this direction, one does not dare to give answers, but mainly to raise questions.