A lawyer spoke about the peculiarities of divorce mediation

Mediation in divorce is an effective mechanism that allows to settle disputes with minimal expenditure of time, money and emotional resources, lawyer David Adams, general director of the professional legal group AID, told Izvestia on January 12.

Earlier, the media reported that Moscow 's multifunctional centers began offering the service of mediation in divorce.

He explained that mediation is a legal instrument regulated by the federal law "On Alternative Dispute Resolution Procedure with the Participation of a Mediator", which provides spouses with an opportunity to settle disagreements without going to court or in parallel with it. The main legal advantage of this process is its flexibility and lack of rigid regulation, allowing the parties to find a solution that maximizes their interests within the law.

"One of the key features of mediation is that it is voluntary. The law requires that both parties agree to participate in the procedure and confirm their willingness to cooperate with the mediator. This means that neither party can be forced to mediation, which eliminates the risk of violations of the right to defense," Adams specified.

The lawyer added that the mediator acts as a neutral person who is not connected to the interests of one of the parties and has no right to make binding decisions. His or her job is to help the parties find a compromise that complies with applicable law.

"Mediation has a significant advantage in resolving issues related to children. According to the Family Code of the Russian Federation, the interests of children should be prioritized in resolving any family disputes. Within the framework of mediation, spouses can independently agree on the child's living conditions, the order of communication with the parent living separately, as well as determine the mechanism of participation in upbringing," the expert said.

According to him, it is important that the agreements reached in the mediation process can be in writing and, if necessary, notarized, which gives them legal force. Such an agreement can be presented in court, which simplifies and speeds up the divorce process.

"A legally significant aspect is the confidentiality of the mediation procedure, which is guaranteed by law. All discussions held during negotiations cannot be used as evidence in court unless the parties reach an agreement. This protects participants from the risk of loss of trust or reputational damage, which is especially important when dividing property or settling other sensitive issues," Adams said.

At the same time, mediation also allows you to solve property disputes arising in divorce, including the division of jointly acquired property, debt obligations and alimony. The expert specified that unlike court proceedings, where the parties often face a formal approach, mediation provides an opportunity to take into account individual needs and circumstances.

"For example, when dividing property, the spouses can independently agree on the terms, not limited to the norms of equal division enshrined in Article 39 of the Family Code of the Russian Federation. If an agreement on these issues is reached, the mediation agreement can be approved by the court, which gives it binding legal force," he added.

In addition, the expert pointed out that, according to the law, the court has the right to suspend court proceedings for a period of 30 to 60 days if the parties decide to resort to mediation. This allows the parties to the dispute to save time and avoid additional court costs. At the same time, if a mediation agreement is not reached, the parties retain the right to a court hearing, which provides additional protection for their interests.

"Divorce mediation is a legally sound and effective mechanism for resolving disputes with minimal expenditure of time, money and emotional resources. The introduction of mediation services in multifunctional centers of Moscow is both timely and useful: it creates new opportunities for resolving family conflicts, contributing to reducing the burden on the judicial system," - concluded Adams.

Prior to this, September 9, it was reported that the Ministry of Justice is working on a bill on the legislative introduction in Russia mandatory procedure of reconciliation in divorce. Alexander Sinelnikov, a professor at the Department of Sociology of Family and Demography of the Faculty of Sociology at Moscow State University, told Izvestia that such an initiative could be useful.