Aragon & Aragon (Guatemala Law Firm / Abogados en Guatemala)

Inside of the of the familiar life, lacks of understanding and resistances are born that show the entire complex that is the universe of the human affection. That that it stands out in these circumstances is the changing and contradictory nature of the family with respect to the stability roll that would be wanted to him to grant.

The separation or the divorce is without a doubt dramatic experiences, but like they are not almost never imputable to a single member of the pair, very followed the spouses are accomplices in a experience that takes them to a point without return. Generally and by ordinary reasons, the pair, of more or less conscious way, begins a way that runs risk of dissolving the legal bond.

Nevertheless the problems of a pair in crisis find almost never an answer adapted in the supplies of the law. The legal institutions cannot more than to limit itself a superficial approach to problematic that they would require a particular depth and attention.

It is thus, like the roll of the familiar mediator who offers itself like an external element, can help not necessarily to the pair in the reconstruction of the bond, but that it can help to confront the crisis and to attenuate those conflicts which they torment to the pair in many cases, after several years of separated. The objective of the familiar mediation is to solve or to attenuate the conflicts, either reorganizing the bond or accompanying the election of separation of a dramatic form the less, mainly for the children of the pair. In this tool it exists the possibility in satisfactory an agreement and auto determination, product of a reasonable balance of the interests between both, and often devastating in the psychological plane.

The mediation, that by nature, is relational, has three fundamental structures:

1. A third neutral one, that this tie ones to any of the parts not to approach.
2. “Not to be able”, the paradox of the mediation is exactly this, a not-power that will allow establishing a relation.
3. A professional of “the catalytic” mediation whose presence causes a real transformation, a reaction, without being he that initiates it, nor its motor.

In what consists the Familiar Mediation

It is an encounter space, in a neutral atmosphere in which the pair has the possibility of negotiating the questions relative to the own separation, as much in relational aspects as economic. The taken agreements are more satisfactory for they themselves like for the children, and therefore more respected in the time. It is based on which they were made in first person.

The objective of the mediation is to turn to the pair protagonist and person in charge of the management of the conflict, having in Vista the continuity of the relation like ancestors of the children of the pair. The process anticipates the possibility of dealing with all thematic the inherent ones to the organization the separation: Regime of visits, educative, religious vacations, elections, communication of the separation to the children, relation with the origin families, etc. It is always the pair the one that decides that problematic they will be approached in that scope.

To who is directed

The process is useful in all the phases of the separation or divorce, and it has been adapting to diverse states of the pair, as it can be crises, separated in fact or legally, separated for a certain time. Some mediators consider that “the familiar” mediation is applicable exclusively to pairs with children, since the last object is the defense of the interests of the minors.

A subject that generates opinion divergences is the presence of the minors in the mediation meetings. Some consider it useless in addition to harmful, since the minors would be becoming involved in the problems of their parents. Others, in change, consider their presence opportune, because it would allow the change within the familiar relations of which they are part.

The roll of the mediator

Like expert in the management of conflicts, he is impartial, it does not judge and it is limited to favor the collaboration stimulating to the parts. Unlike which it happens in therapy, in mediation deeply do not explore the perceptions and feelings of the past of the pair, but that the same one is characterized by the speed, intensity and practice whereupon concrete solutions look for. The accent is not put in the past, but in the present situation analysis with the purpose of helping the people to individualize calmer perspective of life.

Space and time

The atmosphere is specific for a good reception, to favor the climate of confidence and parity between the parts, and these and the mediator. It must facilitate the expression of the emotions and allow a positive management of the conflict, transmitting calm and serenity. The organization of the space has an important function since she conditions the interaction between the parts: for example the rooms must not have elements that reverencien hierarchy, whereas the chairs had circular form generate the communication and direct interaction.

Advantages of the familiar mediation

One appears like a new resource to contain to the pair and the family. At individual level it allows to redefine the own identity, and to analyze the consequences that derived from the separation decision. At social level, it generates more lasting agreements in the time, equitable and guarantees absolute reserve by means of the professional secret. The reduction of time and costs is decisive at the time of choosing this alternative.

In Aragón & Aragón we had mediators enabled in familiar subjects, which will offer the professional endorsement them in this stage of crisis, helping to look for effective solutions, in benefit of the family, contact us.