The family relationships are complicated, intensive and always emotionally overwhelming. The family mediation in Romania is having a systematic approach of the family, being the completion of the judicial system most of the times.
The family mediation is used in solving any family issues: in matrimonial conventions, the continuation or the dissolution of the marriage, the performance of the parents’ rights, the solving of the divorce accessory aspects, misunderstandings between different members of the family, family business or inheritances.
- is an agreement concluded before marriage, during the engagement or during the marriage between the future/current spouses, through which the legal community is transformed into the conventional community
- under the matrimonial convention, the parties have control and remove any possible suspicions, conflicts, understandings regarding the possession belong to each of them or the mutual possessions, on the present and future possession, upon the performance of the succession, upon the return of the gifts received during the engagement and of any other aspects the future spouses or the spouses want to clarify and settle down
- through the matrimonial convention can be established that the surviving spouse should take over the mutual possessions, without payment, before the inheritance distribution (the “preciput” clause).
- in case of use of the matrimonial convention performed through the mediation within a judicial or succession distribution, the parties can beneficiate of all the advantages granted by the mediation
MARRIAGE CONTINUATION OR DISSOLUTION
- in case only one of the spouses wants to divorce, the mediation process can help the parties to reconsider their positions by finding and establish a mutual interest (continuing or dissolution of the marriage)
- in case both parties want the dissolution of the marriage, but there are some disputes related to the name the spouses will bear after the dissolution of the marriage or accessory aspects of the dissolution of the marriage, the mediation can be the option of finding a mutually agreeable, efficient and lasting solution
THE JUDICIAL DISTRIBUTION
- supplementary expenses with experts, witnesses and long period of time with the attorneys’ fees can be avoided
- the mediation meetings are established according to the parties’ time and schedule
- the parties can be assisted or represented by an attorney
- distribution performed by mediation can be made through: the matrimonial convention (previous to the marriage or during the marriage); before, alongside or after the delivery of the divorce decision; before or anytime during the trial in the law court
THE SUCCESSION DISTRIBUTION (THE INHERITANCES )
- the opening of the succession and the settlement of the legal succession quotes can be made only by the public notary or by the law court, and, under the mediation agreement, there are established the way of distribution or the recognition of the quality of inheritor of some parties who are not legal inheritors
- the legal succession quotes can be different from the distribution way the parties are establishing through the mediation agreement
- the succession made through mediation it has the same advantages as the distribution made in the some way
THE PERFORMANCE OF THE PARENTS’ RIGHTS
- during the marriage and / or when the parents live separately, the mediation can be used regarding the performance of the parents’ rights, the settlement of the children’s residence, the contribution or the extension of the maintenance liability due by the parents to the under-aged child, the agreement for the dispatch of the child in the country or abroad. All these aspects can be solved without going to the law court or settling the terms of a divorce
- after the dissolution of the marriage there can be settled down through the mediation agreement: the contribution of the parents to the maintenance of the children, the settlement of the children’s residence, the parental plan, the visit schedule, any other misunderstandings which can occur between the parents related to the performance of the parent rights. Mediation agreement must be validated by the court of law throught an expedient decision