How many mediations are there before a trial
The mediation process provided by law 10,543, is a prior and mandatory instance, prior to the initiation of judicial proceedings, which falls on disputes between individuals, which will begin to govern, as of November 1, 2018, in the cities of Cordoba and Rio Cuarto. In the rest of the seats and seats of each of the judicial districts, the implementation will be progressive, so that in them, the mediation law N° 8.858 will continue to be applied. Beyond the pre-judicial mediation, the intervening judge may refer a case to mediation at any time during the judicial process.
Mediation is governed by the principles of impartiality; confidentiality; direct communication between the parties; satisfactory composition of interests; informed consent; speed of the process; and free availability to conclude the process once it has begun.
The maximum term for mediation is sixty working days from the first meeting. This period may be extended for a further sixty days by agreement of the parties. Upon expiration of the term, the mediation process is terminated, and the mediators must draw up a closing act.
Family mediation is a system of conflict resolution arrived at by the parties, assisted by an impartial third party called a family mediator. The mediator helps them to obtain a solution that arises from themselves, through sessions held outside the court, in an environment that favors understanding.
It is a voluntary procedure. However, with respect to some matters the law requires to submit to it, prior to the judicial demand. The agreement reached by the parties must be submitted to a final step of approval by the family court.
In cases of alimony, personal care of the children (guardianship) and direct and regular relationship with the children (visitation), the court will refer the parties to a mediator who will help them reach an agreement that will put an end to the conflict without the need to go to trial. The agreements reached before a mediator, if approved by the judge, have the same legal value as a judgment, avoiding all the time and cost of a trial. If the parties do not reach an agreement, the normal course of a trial is resumed.
Family mediation is a system of conflict resolution, where the parties are assisted by an impartial third party called a family mediator. The idea is that the family mediator helps to obtain a solution that arises from themselves, through sessions held outside the court, in an environment that favors understanding.
In the following article we will see those cases in which family mediation is mandatory, which means that the law requires the parties to submit to it before suing in court. We will explain what these cases are and what are the steps to follow.
Family mediation is essentially a voluntary procedure. However, with respect to some matters, the law requires to submit to it, prior to the lawsuit. The agreement reached by the parties must be submitted to a final step of approval by the family court.
The court refers the parties to a family mediator. The idea is that the mediator facilitates the means to reach an agreement that puts an end to the conflict without the need to go to trial.
Alimony Mediation Center
As of this week, the problems that parents must face in cases of alimony, personal care (guardianship) and visitation can be solved by means of the new Mediation Center, which will be open this week.