Family mediation

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European Judicial Network (in civil and commercial matters)

Family mediation

It is a general principle of Swedish law that consensual solutions are considered best for the child. The rules have therefore been formulated in such a way that an attempt must first be made to persuade parents to agree on matters that affect their children.

Whom to contact

The social services have special responsibility and must, among other things, offer parents conciliation (samarbetssamtal). The aim of the conciliation process is to help the parents reach an agreement; see further information on conciliation. If the parents agree, their consensual solution can be incorporated into an agreement which is approved by the social services. The courts also have a responsibility to try first to reach a consensual agreement between the parents. If this does not succeed, the court may order conciliation or mediation (medling).

In what area is recourse to mediation admissible or most common?

Family mediation in cases before a court is intended to be used where, for example, conciliation has not produced a result but there is still thought to be a possibility that the parents will agree in matters affecting their children.

Are there specific rules to follow?

It is for the court to decide who will be appointed as mediator. A decision ordering mediation does not in itself require the consent of the parents, but it can be difficult for a mediator to carry out his or her task if a parent actively opposes the appointment of a mediator. The mediator will decide, in consultation with the court, how the mediation is to be organised. There is no code of conduct or similar arrangement for mediators.

Information and training

There is no national training organisation for mediators.

What does mediation cost?

Mediators are entitled to reasonable remuneration for their work, time and expenses. This remuneration is paid by the State.

Last update: 12/09/2016

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