FAMILY MEDIATION: THE PERCEPTIONS AND EXPERIENCES OF UNMARRIED PARENTS AND MEDIATORS

This paper presents a model of the implementation of mediation in cases where a power disbalance between partners exists. The model includes relevant theoretical concepts which are important for understanding of violence phenomenon in the family, and the contemporary approaches to the work on balancing unequal power in relationships. In creating the model of family mediation in cases including violence, some basic concepts of mediation procedures are modified or adjusted (neutrality, confidentiality), as well as the concept of circular causality and complementary relationships from a systemic perspective. Implementation of interdisciplinary approach is proposed for efficient work on balancing the power in relations and using various working domains. The confession of violent behavior and the acceptance of personal responsibility by the offender, and the readiness of both sides to take part in restoration of a relationship are basic principles of restorative justice that is fundamental for victim- offender mediation. Therefore, those conditions are also necessary for a family mediation in cases including elements of violence, if the security for the victim is provided and guaranteed.

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Proposal for an Italian Family Mediation Clinic

International Journal of Clinical Legal Education ◽

10.19164/ijcle.v25i1.695 ◽

2018 ◽

Vol 25 (1) ◽

pp. 79

Author(s):

Andrea Gallinucci-Martinez

Keyword(s):

Family Environment ◽

Alternative Dispute Resolution ◽

Legal Education ◽

The United States ◽

Law School ◽

Community Mediation ◽

Family Mediation ◽

Italian Family ◽

Transformative Mediation ◽

American Heritage

Section A of this paper discusses the historical evolution of clinical legal programs in the United States, the homeland of clinical legal education. Next, the current framework of Italian legal clinics is discussed, focusing on its American heritage and associated nuances.Section B considers why mediation would be particularly suitable for the creation of an Italian legal clinic, given the recent incentives created by the European legislature to strengthen alternative dispute resolution. The evolution of the Columbia Law School Mediation Clinic is described, from its beginning to the recent creation of an advanced clinic model, and insights from this process are discussed in terms of the Italian legal and family environment.Section C lays out baseline considerations and recommendations for creating a family mediation clinic at LUMSA. Three different approaches to family and community mediation previously adopted in the context of clinical legal education are analysed: facilitative mediation, transformative mediation, and peacemaking circle. A model for the clinic is proposed, with suggestions for sources and materials from which the curriculum might be drawn.

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