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Reflections on mandatory pre-trial mediation in separation cases
https://doi.org/10.31749/2451-0807-sp-2026-09
Abstract
This article discusses the introduction of mandatory pre-trial mediation in separation cases, as well as mediation preceding a potential extrajudicial separation, as advocated by legal scholars. Mediation undoubtedly facilitates the development of mutually acceptable solutions by spouses concerning both their mutual relationship and the situation of their shared minor children, particularly regarding the exercise of parental authority, contact, residence, and alimony. Therefore, the issue of reconciling mandatory participation in mediation with the principle of voluntary mediation was analyzed. It was proposed that the spouses' obligation should be limited to attending at least one meeting with a mediator, while further participation in mediation and concluding a settlement or parenting agreement should remain voluntary. The need for exceptions to the mediation obligation was also considered. Mediation preceding extrajudicial separation, however, was assessed differently, as it would provide spouses with the opportunity to attempt to rebuild their bonds and, moreover, ensure an informed decision to separate. The entire discussion was concluded with de lege ferenda postulates.
Keywords:
separation , mediation , the principle of voluntary mediation , compulsory mediationDownload files
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This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
No. 38 (2026)
Published: 2026-10-14
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.