Otwartość na dialog w mediacjach rodzinnych

Abstract

The objective of this paper was to analyze the sociocultural and personal reasons pivotal to the openness of the conflicting parties to a dialogue in the framework of family mediation. In the quest to answer the question what factors can influence the development of the family mediation in Poland and its acceptance both by the society and the families in conflict, the author presented the results of international and Polish research on the efficacy of the family mediation process and the readiness of the parties to use the mediation in family conflicts. Two theoretical concepts characterizing the sociocultural origins of resistance to mediation were analyzed in detail, namely that of the social resistance proposed by B. Mayer and that of the moral resistance by R. Benjamin. Moreover, the paper addressed the issue of the promotion of mediation together with the unrealistic expectations as to what can be achieved through mediation, mythologization of mediation and dilemma connected with the neutrality of the mediator. Finally, an integrated systemic approach to family mediation was proposed, which could enhance the chances of acceptance of the mediation by the parties in conflict. In essence it is proposed that the promotion of mediation should be exercised on three levels: (1) general societal level (to promote the winwin solutions in family conflicts), (2) level of specific educational activities for the conflicted parties (e.g. organization of premediation consultative meetings), and (3) level of specific actions targeted at various professional groups (e.g. judges, lawyers, probation officer, employees of the family support centres, etc).