Mediation in Family Disputes

Alternative dispute resolution (ADR) is a key component of legislative policies and reforms across European countries, offering a faster and more efficient approach to resolving disputes. This paper focuses on the issue of mediation in family disputes, guided by the principle of the best interests of the child. The objective of the paper is to analyze the various mediation models applied in European countries. In this context, the author examines the advantages and disadvantages of applying mediation in family disputes within national legislation. Through practical case studies, the author highlights the shortcomings of the current law (de lege lata) and provides suggestions for improving legal solutions (de lege ferenda), while also emphasizing the need to strengthen legal certainty through the application of mediation.
Keywords: mediation; divorce; parenting plan for child; family disputes; best interests of the child.