Child protection in Family Mediation
Mediation in Family matters is an alternative way of resolving disputes used in the family context, which is notoriously characterized by emotional and psychological related claims, which are difficult to be effectively managed in separation or divorce proceedings.
In the Italian legal system, with the introduction of art. 155-sexies of the Civil Code. (now article 337-octies cc), containing the provisions regarding the separation of spouses and shared custody of the children, the family mediation tool has been envisaged as a technique that can be suggested by the Court during the procedure, if deemed appropriate, for the settlement of conflicts with the assistance of experts of the field.
The law provides that the agreement is sought from the opening of the procedure, similar to the completion of the conciliation attempt.
However, this request presents different logics and objectives, or the request of a third expert intervener in the proceeding, so that it provides for an understanding between the spouses on the contents of residual relationships that bind them, especially in view of the protection of the minors.