Family mediation: Portuguese experience

Abstract

Family mediation is an alternative dispute resolution (ADR) method still poorly known in Portugal although being especially suitable for family conflicts. Its consensual nature has the potential to look closely to the parties’ interests, allowing a win/win situation. This alternative dispute resolution method has the prospective to release courts from family conflicts and at the same time find an effective solution for the parties involved. Family mediation is still not very popular in Portugal or, at least, not as popular as it should be. Despite all the advantages the Portuguese judiciary reality has shown some resistance towards family mediation. Nevertheless, in the last years steps have been taken in order to make this ADR more effective. Some countries want to practice family mediation because of its decreased economical costs and are not paying enough attention on all the family mediation potential. We hope that these brief comments will favor a deeper and needful reflection on this matter.