La mediazione familiare: un’occasione per le separazioni di buon senso
Family Mediation: An Opportunity for Common Sense Separations

Summary/Abstract: In France, many lawyers and the majority of judges dealing with family’s right still raise a series of questions and perplexity towards mediation, regardless of the existence of a specific law as well as the introduction of an institute in the civil code. However, where applied, mediation has produced satisfactory and lasting results (prize “La Bilancia di Cristallo”, founded by the Council of Europe and the European Committee of innovative practices in civil law under the Court of Great Instance of Tarascona). In order for it to work, every jurisdiction shall implement principles of transversality, of inter-professionalism and cooperation between different functions and professionalism. Without any doubts such a reform is going to take years: reticence are still strong and the pressures of some judicial actors are difficult to oppose. Family mediation is not part of the culture of both judges and lawyers; thus a cultural revolution is needed, a change in the vision of the conflict both on behalf of operators and citizens. Nevertheless, mediation today starts to gain considerable space in the judicial landscape since it allows concrete application of the principle of responsibility and parental trust. As such, mediation is a tool of social pacification; it is a hope for change. Like alternative energies, mediation is the future.

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