Mediation is a dispute resolution method in which a third party helps the parties reach a mutually acceptable consensus. The Code of Civil Procedure provides for a method of min. to resolve conflicts between parties to proceedings in a divorce or legal separation case. The basic principles of mediation are voluntariness, confidentiality and total impartiality of the mediator. The main assumption of mediation is its short-term duration, it can last up to 3 months.
Mediation can be carried out at the joint request of the parties or on the basis of a court order, in which case the consent of the parties is also required. The court may refer the parties to mediation when there are prospects of maintaining marriage, including when the proceedings have been suspended. Reconciliation of the spouses may also be the subject of mediation. In addition, the Code allows referral to mediation for the amicable settlement of contentious issues related to satisfying the needs of the family, child support, parental responsibility, contact with children and property matters to be resolved in a divorce or legal separation judgment.
A mediator may be a person indicated by the parties or by a court, while the mediator indicated by the court must have appropriate theoretical knowledge, in particular have education in psychology, pedagogy, sociology or law and practical skills in mediation in family matters.
If the parties reach an agreement during mediation, a settlement is concluded between them. By signing it, the parties agree to apply to the court for approval.