Avoiding Legal and Ethical Pitfalls in Mediation



Avoiding Legal and Ethical Pitfalls in Mediation

Abstract

The emergence of mediation over the past twenty years has followed a trajectory which is reflected in the evolution of its various denominations. There are several approaches to interpersonal conflicts; the various authors disagree on the definition of the kinds of conflicts, their causes and solutions. But all agree on one point: in all areas of our lives, interpersonal conflict is not only inevitable but also necessary for our vitality. The paper discusses the concept of mediation during a conflict and the importance of ethical and legal pitfalls that needs to be avoided completely.

Discussion

Co-workers involved in interpersonal conflict are also struggling with unmet needs. The conflict is between colleagues of the same level or involving different hierarchical levels, it still relies on personal needs that remain frustrated. Even among those who did not choose to be in relationship, it is the satisfaction of important needs that is at stake.

This is because the issue is always the satisfaction of our main needs that conflict is necessary for our vitality. The worst thing you can do in case of conflict would be to neutralize or ignore it. Like the competition, conflict is the manifestation of our desire to survive and thrive through the search for satisfaction, in other words, the expression of our actualizing tendency. In all three types of situations discussed above, avoidance of conflict or inhibition of its manifestations leads inevitably to a significant loss of vitality and dynamism.

Mediation can be a significant mechanism to solve marital conflicts, or at least to prevent its conflicting consequences. Therefore, its usefulness, in many of the European neighboring countries (in addition to North America U.S. and Canada, who were the pioneers-) have been provided, if marital crisis, recourse to mediation bodies some of which are public and free (as in Andorra, Finland, Norway, Sweden, Germany, in some cases, Poland and Slovenia), other private and paid (such as France, England and Germany, not always - and Austria). Besides the use of such bodies or persons usually volunteer mediators, except for Norway in imposing mandatory prior to the courts. In some other countries, mediation is primarily intended to reach agreement regarding the children (especially custody and visiting rights), but can also be used for certain financial matters relating to property.

As for the couple the use of family mediation would be possible in all those times of conflict, both when considering an application initiating the process of marriage, and along its course, and even after procedural solution. However, despite the frequency that has acquired the term marital mediation, and that is very beneficial concept, yet it is to be noted that the fact is that at present is beyond our positive law, and civil proceedings. In the current situation the only remedy extraordinary (i.e. to keep the stability of the marriage bond, without passing judgment of separation or divorce) of the legal crisis of a marriage is marital ...