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In Germany, family law was one of the first areas to establish the thought of mediation, and still is the main field of application of mediation.〔(Eva und Schlickum, Gunter. Praxisbuch Mediation. München, 2008 p. 45 )〕 Conflicts in Family Law are characterized by a high rate of personal conflicts. A possible definition of conflict might be: ''Conflict means … the perceived differences of interests or the conviction that the actual aspirations of the parties can no be received at the same time.''〔(Ulla (Hrsg., Maihofer, Werner, Sprenger, Gerhard und Brugger, Winfried). Mediation und Beziehungsgewalt. Bd. 44. Baden-Baden, 2008 p. 119 )〕 Basis for personal disputes is the fact that conflicting parties don't come to their own in their personal relationships. After various intents of solving the problems on their own or setting an end to the dispute, the last chance is to get help by a third person. Some hope for an improvement of their marriage by marriage counseling, but in most cases without success. Others try to solve their conflicts by law and hand in a lawsuit. After reviewing this lawsuit, the judge can suggest to consult a mediator, if reasonable. There are various constellations of conducting the mediation process. Divorces can be regulated by court. Related issues, like child support, visitation rights or household goods can be resolved by mediation. It is also possible to try to solve all controversies in the mediation process. In this case, the parties can plead for abating legal proceedings. The employed lawyers can recommend a mediator and at the same time can be legal aid during the mediation process. The mediator, as against the consulting lawyer, deals with concerns and interests of both parties. The mediator is not suggested or determined by one party alone. This could lead to unwanted disputes or affect the mediation procedure, because one party could feel disadvantaged. Whether choosing mediation or not is the parties decision. If they decide to conduct the mediation process, but can't agree as intended, it is not of their disadvantage. The still can go back to the legal process and continue the lawsuit, or file a new one. ==Principles of family mediation== 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Family mediation in Germany」の詳細全文を読む スポンサード リンク
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