What is family mediation?
Verified 19 February 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Experimentation with compulsory mediation prior to family disputes
Published on 1 January 2023
On an experimental basis, an attempt at mediation is compulsory before any request for amendment of the approved decisions and conventions laying down the procedures for the exercise of parental authority in the courts of Bayonne, Bordeaux, Cherbourg-en-Cotentin, Évry, Nantes, Nîmes, Montpellier, Pontoise, Rennes, Saint-Denis and Tours. The scheme is deployed until 31 December 2024 and can be extended to other jurisdictions.
However, this obligation does not apply if violence has been committed against a parent or child of the couple.
Do you have a family conflict (separation, parental authority...) or a conflict in an estate? Family mediation can be carried out, at your request, with the agreement of all parties to the conflict. It can also be decided by the judge. It allows communication to find an amicable solution. She's not possible whether there has been violence by one parent on the other parent or on the child. We present you with the information you need to know.
At the request of a party
The parties may attempt family mediation, before bringing the matter before the judge. The goal is to ease tensions and recreate a family bond between children, parents, grandparents, heirs...
The family mediator assists the parties by promoting the resumption of dialog so that they can reach an agreement themselves.
In case of attempted mediation, on limitation period in order subsequently to bring the matter before the court is suspended. This suspension starts from the day of your written agreement to mediate. If there's no writing, from the day of your 1re mediation meeting.
Family mediation can support the parties and help resolve a conflict. It is aimed in particular at the following people:
- Parent in a situation of rupture, separation, divorce
- Grandparent wanting to keep a relationship with their grandchildren
- Person who wishes to maintain a relationship with the children of their former spouse (spouse, Civil partnerships: titleContent, common-law partner)
- Young adult out of touch or communication with family
- Heir
Please note
mediation can only begin if the parties are present and agree.
The parties cannot ask for family mediation if there is a violent family environment. She's not possible if violence has occurred by one parent on the other parent or on the child.
The family mediator is a professional qualified (State Diploma).
It does not judge and has no decision-making power.
It helps you find a solution to the conflict, respecting the principles of confidentiality, impartiality and neutrality.
FYI
The principle of confidentiality does not apply in the case of compelling reasons (protection of the child, etc.) or if the disclosure of the agreement is necessary for its implementation.
The Ombudsman has no investigative powers. However, it may, with the agreement of the parties and for the purposes of mediation, hear persons from outside the conflict, for example neighbors or friends who agree.
The role of the family mediator can be carried out in different ways:
- Within national or local associations
- Within the CNAF
- As a professional with a private mediator
The parties must agree on the choice of the family mediator.
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National or Local Mediation Association
The parties may apply to a national family mediation association.
It is possible to contact the court of justice or the court of appeal to obtain the list of family mediators contracted.
Family Allowance Fund
The parties may address a agreed family association to the CNAF.
Private Ombudsman
The parties may apply to a private mediator qualified in family matters.
Family mediation takes place in 3 stages:
- The information interview in which the family mediator presents the objectives, content and topics that you can discuss. You can accept or refuse to engage in family mediation. This interview is non-binding.
- Family mediation interviews are conducted as follows:
- Duration of about 1 h 30 to 2 hours, over a period that has no limit (it can be very short or long, exceeding 3 months).
- The number of interviews varies depending on your situation and the topics you want to discuss. It is often limited to 6.
- You're all here. In certain situations, your interview may take place remotely (detention, geographical distance...). Your lawyers can attend the mediation but it is the mediator who conducts the interviews.
- If you agree, you can ask the judge to approve it. This agreement will have the same enforceability as a judgment.
Please note
if you do not reach an agreement at the end of the mediation, you can refer the matter to the competent judge.
The information interview is free.
An amount is requested from the parties, for the remainder. It is the mediator who indicates the amount he sets.
The parties can decide how the costs are shared. In the absence of an agreement, the costs shall be shared by half for each of the parties.
In case of insufficient resources, it is possible to apply for legal aid to cover all or part of these costs.
If the parties make use of a agreed family mediation association by the family allowance fund, the amount is fixed by a scale which varies according to the income of each of the parties.
FYI
the private mediators are not subject to a national scaleHowever, there is also a fee for information maintenance.
Decided by the judge
The aim of “judicial mediation” is to calm tensions and recreate a family link between children, parents, grandparents, heirs...
The family mediator assists the parties by promoting the resumption of dialog so that they can reach an agreement themselves.
Family mediation can support the parties and help resolve a conflict. It is aimed in particular at the following people:
- Parent in a situation of rupture, separation, divorce
- Grandparent wanting to keep a relationship with their grandchildren
- Person who wishes to maintain a relationship with the children of their former spouse (spouse, Civil partnerships: titleContent, common-law partner)
- Young adult out of touch or communication with family
- Heir
Please note
mediation can only begin if the parties are present and agree.
Family mediation is not not possible if violence has occurred by one parent on the other parent or on the child.
FYI
The parties are dispensed family mediation if they apply for the approval of an agreement or if they have a legitimate reason (geographical distance, illness, etc.).
The family mediator is a professional qualified (State Diploma).
It does not judge and has no decision-making power.
It helps you find a solution to the conflict, respecting the principles of confidentiality, impartiality and neutrality.
FYI
The principle of confidentiality does not apply in the case of compelling reasons (protection of the child, etc.) or if the disclosure of the agreement is necessary for its implementation.
The judge may decide on family mediation, even if it did not have the agreement of the parties. It may take this decision at any time, including by interlocutory.
The judge shall appoint the mediator, his or her duties and duration, the provision to be paid or waived in the event of legal aid. The Registry of the Court shall notify that decision by simple letter sent to the parties. It shall also be communicated to the mediator appointed by the judge.
Family mediation takes place in 3 stages:
- The information interview, during which the family mediator presents the parties with the objectives, content and topics to be addressed.
- Family mediation interviews lasting from 1 h 30 to 2 hours take place over a period not exceeding 3 months, renewable once for 3 months by decision of the judge. Their number varies according to your situation and the subjects you wish to address: children's residence, financial contribution to their maintenance, access rights...
- At the end of his mission, the mediator shall inform the judge in writing of the content of the agreement of the parties. On the day fixed, the case comes back before the judge. If the agreement is total or partial, the judge can approve it, that is to say validate it. He'll have the same enforceability only a judgment.
FYI
At any time, the judge may terminate mediation at the request of a party or the family mediator, or ex officio if he so decides.
The information interview is free.
At the end of its term of office, where the costs of mediation are borne by the parties, the parties shall decide freely among themselves how they are to be allocated. The agreement can be approved by the judge.
In the event of disagreement, these costs shall be shared equally, unless the court decides that such sharing is unfair having regard to the economic situation of the parties.
The judge shall, where appropriate, order the payment of additional sums after deduction of the provision already paid. It designates the party or parties that will have to pay them.
FYI
if the parties are beneficiaries of legal aid, the costs of mediation shall be shared equally. The costs shall be borne by the State. The judge may, if necessary, decide on a different distribution (economic inequality).
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
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The informants who answer you are from the Department of Justice.
- Family Mediation Center
Caf Support Contact
- Point-justice
art. 255 divorce
art 373-2-10 violence
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