Lecture room: Lögberg – 205. Click for a map.
Working institution
Socialworker and program director of mediation and counselling Capital area district Commissioner
Abstract
Lecture about the process, experience and where it is leading us. How do we use mediation in conflicts between parents in divorse cases or to solve disputes about custody, legal residence, visitation, per diem fines or enforcement measures.
The implementation of law no. 144/2012 and 61/2012, which came into force on January 1st 2013, and changed some of the articles of the Childrens Act no. 76/2003, introduced compulsory mediation to dissolve disputes in divorce cases and conflicts between parents in cases involving custody, domicile, access, per diem fines or enforcement measures. Although, in Iceland, counselling and/or mediation had already been part of the legal and administration system, the legislation was a significant change and improvement in favour of children and families.
The aim of mediation is to help parents reach an agreement which is in the best interest of the child. Children who have attained sufficient maturity shall be given an opportunity to express their views in the course of the mediation process unless it can be seen as having a damaging effect on the child or as being irrelevant regarding the resolution of the case. The amendments strengthen the child’s position during the course of the mediation process. Furthermore, the aim of the amendment was to further establish that the best interest of the child should be a primary consideration in every decision.
In this lecture it will be introduced how mediation is used in conflicts between parents in divorce cases or to solve disputes about custody, domicile, access, per diem fines or enforcement measures. Þórdís Rúnarsdóttir, social worker and director of sector of experts in children’s affairs will introduce and explain how lawyers and experts on children‘s affairs use mediation in their effort to assist parents through their conflicts. Also, she will introduce what statistics are showing about the results and success and what we can expect in the future based on the exact registration. The statistics can indicate the success and where this is all leading us.
The experience from all the district commissioners is that in majority of cases the mediation is giving people a way to address problems and the real source of the conflict and therefore the result makes a real difference in the child’s welfare. It obliges parents to be active and work on a common solution. They submit their suggestions and the mediator assists them. The process is believed to be both productive and less hostile than litigation, the experience is that a positive step has been taken in the procedure of these cases which is well suited to improve relations and to further raise awareness on the subject.
More detailed information about mediation procedure can be found on the District Commissioner’s website www.syslumenn.is