Our meeting on 21 October themes of our last meeting:
- handling errors in the mediation agreement
went in the first case, a family mediation, in which during the mediation (interest declaration), the two parties agree that as long as maintenance after divorce is granted , is 14 years old to their son. The agreement was then formulated by both parties mutually agree that the maintenance is to end for their son 2011th The Mediator was then determined after the mediation in the final formulation of the launch agreement that this item of maintenance, if the son is 13 years and not 14th It was not clear whether this was accidentally or deliberately formulated now Sun On this topic a interesting discussion ensued on the responsibility of the mediator for the contents of a final agreement. During leave some mediators to be dictated by the parties, the formulations, or send the media ends so that the lawyer, work other mediators, the final agreement made in a legally binding form, some want the media ends just as mediation result a legal agreement.
- legal info vs. Legal Advice:
In this context also discussed the issue of liability and legal advice: What if for example, might the parties to a maintenance waiver, but this what the lawyer mediator is known, can not be legally agreed / Prescription Claims / writing requirements are not met ? To what extent there is a risk of being abused as a mediator? Here, too, was once more the importance of constant reflection of their own role.
- arcs in the family mediation
Another issue concerned the use of arches at the monthly budget / to the list of assets in family mediation, which caused a mediator difficulties. Since the sheets are not used by most mediators, or non-family mediators do not even have known about this had it done quickly.
Finally, we then have again discussed the preparation of a co-mediation and the contact with the parties and their attorneys.