Separation and or divorce are not only legal processes. In parallel to the legal process, people experience an emotional or psychological process that can interfere when making decisions to benefit children.
The Catalan Law (Law 25-2010, July 29th, second book of the Civil Code of Catalunya, on the person the family) that regulates the consequences of separation/divorce promotes the use of Mediation in families with children.
Parents can start, on their own or through a referral, a Mediation process in any phase of the legal procedure, to resolve their differences and to try to reach an agreement -full or partial-. The only exception is in cases with family or gender violence.
Parents need to present a parenting plan when they separate. If they disagree, the judge can refer the couple to receive information about Mediation to come up with an agreed parenting plan.
The agreements reached through Mediation have a higher compliance rate because both divorcing partners have co-created it and both spouses have participated in its elaboration with their proposals, dialogued and meditated, on their own and together, with the support of the family mediator.
The decision making process that partners learn in Mediation can be practiced while dealing with future disagreements.
Read more about Family Mediation in FAQ about Mediation.
Articles by Dr. Capdevila about this issue:
Dr. Capdevila’s appearance before the Parliament Canal Parlament de Catalunya 2009
Radio intervention at El matí de Catalunya Ràdio 16-10-2009