Family Mediation in Divorce Proceedings
摘要
The family holds a central position in the social, emotional, and developmental fabric of a society. The formation of a family is formally established through marriage, a union traditionally expected to endure throughout the spouses’ lifetimes. However, for some families this union may be short-lived, and the most adversely affected individuals are typically the children. This study is grounded in the recognition that parental conflict during divorce can significantly and negatively influence children’s well-being. It seeks to examine the mechanisms designed to minimize such adverse impacts and to promote healthy communication and cooperation between parents. In this context, approaches such as the development of parenting plans, determinations concerning child custody and joint custody (Erlüle, Joint custody in divorce in light of amendments to the Swiss Civil Code, 2019; Emery, Renegotiating family relationships: divorce, child custody, and mediation. Guilford Press, 2011), psychological considerations, and the promotion of constructive communication are addressed. Particular emphasis is placed on the effective utilization of family mediation—an alternative dispute-resolution method conducted outside the courtroom (Aksoy et al., Int J Soc Sci Educ Res 3:1868–1880, 2017; Sarısözen, Settlement in advocacy law in light of alternative dispute resolution methods, Yetkin Publishing, 2011; Şıpka, Itic Univ J Soc Sci 6:163–175, 2007; Badur, Disp Court J 9, 2021)—its implications for children, and its role in facilitating constructive conflict resolution between parents. The study highlights the necessity of adopting multidimensional approaches that prioritize the best interests of the child and strengthen family relationships during and after the divorce process. Family mediation serves as an alternative dispute-resolution mechanism that supports individuals experiencing familial conflict in reaching mutually acceptable agreements based on voluntariness, equality, and confidentiality. As children constitute the most sensitive and vulnerable stakeholders in these processes, the mediation framework must be implemented with professional competence and child-centered sensitivity. The principle of the best interests of the child, embedded in both national legislation and international legal instruments, is of primary significance in this regard. This chapter therefore explores how the best interests of the child can be safeguarded within the context of family mediation, with specific focus on child-friendly methodologies, the preparation of parenting plans, the role of expert intervention, and comparative analyses of practices across different jurisdictions.