Conflict mediation
The Family Law Administration offers mediation in cases where parents disagree on who should have custody, where the child will reside, or how much time the child will spend with each of parent.
Mediation is a method aimed at helping parties in a dispute to negotiate and agree on a common solution that both parties can accept.
The basis of mediation is that the parties themselves often hold the best solution to their dispute. Consequently, the mediator guides the process, but the parties are responsible for the outcome.
Mediation is always voluntary for both parties and can be terminated at any time if one of the parties no longer wishes to continue.
Participation in mediation is voluntary, and mediation can only proceed if both parents participate. Both parents must be willing to work towards finding a common solution. If parents have a custody or residence case in progress with the Family Law Administration, the process of the case will be suspended until the mediation is completed.
The mediator is trained in mediation (conflict resolution). They are always neutral and impartial in relation to both parents, and they have confidentiality obligations regarding what is discussed during mediation.
The mediator is not aware of the ongoing case that parents might have at the Family Law Administration. Before mediation, the mediator is only informed of the parents' names, ages, addresses, as well as the names and ages of the child/children.
The mediator does not propose solutions nor does the mediator assess the dispute. It is the parties themselves who negotiate towards finding a solution that is right for them.
The role of the mediator is to be a facilitator of negotiations. This means that they guide and lead the negotiations through the phases of mediation.
Mediation consists of several stages:
- The parties each explain their disagreement, and the mediator asks clarifying questions. Both parties have the opportunity to express their own perception of the disagreement. This approach helps the parties to understand each other's perspectives, needs, and interests.
- With a special listening and questioning approach, the mediator guides the negotiations, enabling the parties to reach a common understanding and description of the issues that the disagreement revolves around.
- The parties propose possible solutions based on the negotiations.
- The parties discuss one or more solutions that both parties consider to be acceptable. An agreement is then written down.
The individual stages help the parties to communicate in a way that is very different from how conflicting parties usually talk to each other in an argument. It is the parties themselves who resolve the disagreement.
A successful outcome is among other things characterized by consideration of the needs and interests of both parties, the recognition that the benefits of keeping the agreement outweigh breaking it, and that the parties can continue to have a good relationship afterwards.
Three hours are allocated to mediation. If this is not sufficient, it is possible to schedule additional time. Conflict mediation is free of charge.
If you wish to try mediation, please contact the Family Law Administration by e-mail or telephone.
Once the Family Law Administration has received a request for mediation, you will be invited to meet with a mediator.
The Family Law Administration also offers child expert counselling.
If you would like more information about mediation, you can contact the Family Law Administration at (+298) 20 22 24 or by e-mail at famf@famf.fo.