MEDIATION IN FAMILY LAW IN A POLISH MEDIATOR EXPERIENCE phd Aneta Wilkowska-Płóciennik Mediation Centre at the Notaries Association of the Republic of Poland

THE ISSUES OF MEDIATION IN FAMILY MATTERS Mediation can be conducted in all civil cases which can be resolved as a settlement before the court (Art. 10 of the Code of Civil Procedure). In Family Cases custody of children (But! not suitable for settlement) estate cases between spouses alimony

MEDIATION IS IMPOSSIBLE -one or both parties are addicted to alcohol or psychoactive drugs; -one or both parties suffer from mental illness or strong emotional disorders; -there is considerable imbalance between the parties which in practice makes it impossible to negotiate from equal position; -there have been cases of domestic violence.

UP-BRINGING PLAN (legal framework) Art. 58 of the Family Code - parental responsibility of both parents is based on the agreement made between them as to the rules of custody of the child, i.e. “Up-Bringing Plan”. Otherwise The court, taking into consideration the right of the child to be brought up by both parents, decides about the custody and contacts with the child after the divorce, i.e. the court can grant custody to one of the parents, limiting parental responsibility of the other parent to some duties and rights to the child taking the welfare of the child into consideration.

UP-BRINGING PLAN (the aim) Parents’ obligations related to Up-Bringing Plan are to guarantee that after the divorce they cooperate in the best interest of the child. The question related to custody of the child cannot be the subject of the settlement but only an arrangement to be confirmed by the court considering the welfare of the child.

THE SCOPE OF SETTLEMENT (comments) -we should take into account sensitivity of the matter -seemingly trivial matters, if unsolved, could lead to another escalation of the conflict -some settlements has a symbolic meaning for the parties and is important to them -some of them are a big challenge for the Court to apply

THE LANGUAGE OF AGREEMENT is often colloquial and/or complicated e.g. “ The mother provides food for the child when the child lives with her, the father provides food for the child when the child lives with him and for the time of staying at school, that is school canteen. The parent at whose house the child sleeps, provides lunch to school.” “Custody of the child during days free from school belongs to parents alternately, and the parents agree on the order of these stays. As a starting point it is 50/50 in a monthly cycle considering the will of the child; if one of the parents cannot meet this obligation, s/he is obliged to cover the cost of transporting the child according to public transport rates.” “Parents are present during parents’ meetings or other school events alternately and agree on the order of meetings.” “Fees for karate classes are covered by the father. Fees for other extracurricular activities are covered equally by both parents.”

Thank you for your attention!