Mediation - A Method of Law and Psychology in the Netherlands (From Divorce Mediation - Perspectives on the Field, P 185-190, 1985, Craig A Everett, ed. - See NCJ-104076)

• NCJ Number: 104087
• Author(s): G P Hoefnagels
• Date Published: 1985
• Length: 6 pages
• Sale Source: Haworth Press, Inc
• Language: English
• Country: United States of America

Annotation

This paper describes the development and process of divorce mediation in the context of Dutch law and practice.

Abstract

Two types of mediation exist in the Netherlands which settles all matters and another which aims at only child custody matters. The two forms of mediation differ in that the former uses an attorney with a psychological background or a psychologist with a family law education, and the clients confer with a team of experts including an attorney, psychologist, orthopedagogist, social-worker, and receptionist/documentalist. The three phases of mediation (the emotional, the deliberating or 'business,' and the judicial transformation) are elaborated on. At the emotional phase, each spouse tells the story and produces facts, checked and balanced by the spouse and the mediator. There is usually little difference regarding the facts, but great difference in the way they experience the facts. It is here where conflict may arise. The mediator's role is to clarify these conflicts, but not to resolve them. The business phase is when support, maintenance, and visiting schedules are arranged. It is here where emotional obstacles may again reappear. During the judicial phase, the mediator explains (1) what the law provides and how it has been applied by the judge, (2) how legal applications and judicial arrangements work in practice, and (3) the advantages and disadvantages of the agreement. According to Dutch law, the judge may specify a time-limited duration for spousal maintenance. Most maintenance sentences are undetermined in length. Spouses may ask amendments or termination if circumstances change.