FAMILY MEDIATION AND BORDERS
Family mediation, including transboundary, is an alternative system of conflict management, which is mainly characterized by the voluntariness of the parties. Generally flock to this type of family mediation:
- Couples and / or couples who wish to separate or divorce. li>
- Couples and / or couples who are in a judicial proceeding and stopping choose to attempt mediation. li>
- Couples and / or already separated or divorced couples who want to modify the actions so far. li>
- When there are conflicts between relatives of any degree relatives (grandparents, brothers, brothers, etc.), in order to prevent, manage conflict and end judicial proceedings. Conflict can be about different issues, for example, conflict can arise from an inheritance, for dependents, a family company, food between relatives, etc. Li>
- without being partner have a child together. li>
- Mediation in matters border relations with international child abduction, especially when the child’s return is voluntary. li>
Family mediation is developed with an initial meeting being the parties and the mediator, this latter explaining the scope of mediation and what issues will be the subject of mediation. Subsequently mediation sessions will be developed, which will depend on the nature and complexity of the points at issue, varying the length of sessions. Finally, an act of mediation, which contain the agreements reached full or partial will be done. If no agreement is reached Minutes reflect that has conducted the mediation void.
The agreements, may be transferred by the parties to court proceedings for ratification and approval, or are increased to notarial deed.
In Benjelali Lawyers & amp; Mediators, we have mediators that help manage conflicts that occur between students, faculty, staff and officials of a school. To perform this type of mediation, a study is performed:
- The family, economic and social situation of the students involved. li>
- Analysis of the organizational structure of the school, and the disciplinary system (expulsions, suspensions, reprimands). li>
Why does the personal aspects are analyzed ?, Because if not taken into account, school mediation, will help resolve the conflict situation, but will not prevent that it does not happen again.
The firm has an interdisciplinary team of mediators / as for addressing school problems, which aims to promote values education that serves to educate people, to dialogue, to be tolerant and committed, they understand that conflicts also offer the opportunity to positively intervene by providing tools, strategies and practical skills for the prevention and resolution of conflicts.
The firm has a deep understanding of migration. Until the 80s, were the Spaniards who left their land to go to work in other countries, from 80 the situation is reversed and Spain becomes a recepts immigration country.
Many of these people know not only the language of the host country but the functioning of the host society, but they come with a clear aim: to find a home and a job that allows them to improve their quality of life.
The inter-cultural mediation has a wider scope than the fact resolve conflicts, since in many cases pursued establish communication between individuals with different cultural legacies. As inter-cultural mediators, we offer:
- Create bridges of understanding between the host society and foreign. li>
- Advice to the foreign person on social services. li>
- Many times, if we know the language, we do not only translators, but “interpreters” of concepts to convey. li>
- We separate the people from the conflict, focusing on interests not positions, thereby avoiding blame and racial or ethnic stigma and help the parties involved to understand that values and cultural practices have no reason incompatible, but a source of motivation and mutual enrichment. li>
- We focus on objective, not limiting our role as inter-cultural mediators to ensure respect for differences, but to try to highlight the common grounds. li>
- The inter-cultural mediation is of great importance, not only for achieving restorative mediation, but to achieve a preventive mediation. li>
CIVIL AND COMMERCIAL MEDIATION
In Benjelali Lawyers & amp; Mediators have mediators / as that may assist the parties in conflict, if they voluntarily accept mediation to find a solution that avoids the start of legal proceedings, the parties may raise public write the agreement, to make it fully executive.
The Civil and Commercial Mediation is an alternative to fast, inexpensive and effective judicial preventing the deterioration of the future relationship between the parties. The procedure begins with a request of either party or both, calling our mediators to the parties to a briefing, after which, if mediation is accepted, the minutes of the inaugural meeting will be developed, which formalize between our mediator and the parties, noting the same issues under mediation. Later, we will begin a series of sessions, which will conclude with the Act of Mediation on the agreements, be they full or partial, or it can be concluded from the passage of time limit agreed by the parties or by withdrawal of a party.
There is also the intra-court mediation, but in this case the mediation agreement must be approved in court, one court settlement procedure provided for in the Code of Civil Procedure. The beginning of this ITPO of intra-court mediation can be initiated by the will of both parties or by suggestion of the judge.
This type of civil and commercial mediation, its flexibility is very suitable for resolving border disputes in a globalized world where more and more frequent cross-border trade relations within and outside the European Union, derived from the free movement goods, capital and people.