NCJ Number
179659
Date Published
1999
Length
34 pages
Annotation
This booklet presents Recommendation No. R(98) 1 on family mediation, which was adopted by the Committee of Ministers of the Council of Europe on January 21, 1998; an explanatory memorandum accompanies the resolution.
Abstract
The resolution recommends that the governments of member states of the Council of Europe introduce or promote family mediation and that they take or reinforce all measures they consider necessary for the implementation of the resolution's principles for the promotion and use of family mediation as an appropriate means of resolving family disputes. Under the resolution, mediation would not be compulsory and states would be free to organize and deliver mediation as they see fit, whether through the public or private sector. Further, the resolution recommends that states ensure there are appropriate mechanisms to enable the mediation process to be conducted according to principles specified in the resolution. Also, states should facilitate the approval of mediated agreements by a judicial authority or other competent authority when parties request it and provide mechanisms for enforcement of such approved agreements in accordance with national law. States should recognize the autonomy of mediation and the possibility that mediation may occur before, during, or after legal proceedings. The resolution also contains recommendations for the promotion of and access to mediation, other means of resolving disputes, and international matters.