Akceptacja mediacji jako formy rozwiązywania konfliktów rodzinnych

Abstract

The paper analyzes the benefits of using family mediation as an alternative method of family conflict resolution and problems encountered when introducing it into the social life in modern societies. The analysis shows that the development of family mediation in Poland resembles that of other European states. In Poland, as in other European countries, family mediation was first “discovered” by the professionals dealing with family conflicts, then it was given a proper legal status and became included in the civil codes. The next phase was a protracted process of accepting the method of mediation by lawyers, conflicted parties, and other professionals who would be in the position to support the growth of family mediation. While analyzing the benefits of family mediation, a state of art type of study was done on the effectiveness of the mediation process and the clients’ satisfaction indicating the short and long term advantages of family mediation. The paper proves no linear relationship between the effectiveness of the mediation procedures and the acceptance of this method in the court practice and in the society. Why people do not choose mediation despite its logical advantages over the adversarial court process? Trying to answer this question an analysis of potential sources of resistance to mediation is presented together with the relevant concepts of the moral resistance and the public resistance. These two concepts help us understand why do parties in conflict prefer adversarial court proceedings with the “winner” and “looser” over peaceful resolutions offered by mediation, enabling agreement and “keeping the face”.