Connected lives : how could the process of mediation aid in long-term effective co-parenting?

Abstract

This study investigates the mediation process in the context of CO-PARENTING. There is a growing interest in shared parenting and this study aims to look at present literature, offer an overview of Maltese legislation and compare it to European and non-European legislative systems. The research involved the gathering of pertinent information through means of semi structured interviews with various professionals. Primarily, mediators and lawyers, both important and pivotal parts of the mediation process in Malta, were interviewed. Their experiences were complemented by family therapists, who are included in this study in an attempt to study co-parenting plans from a SYSTEMIC APPROACH. The findings of this study show that mediation is a mandatory alternative dispute resolution, however, professionals view it as an opportunity for growth for parties and a possible ground of negotiation and preventive method from going to Court. All professionals recommended changes in the system, and this research shows that the mediation process has, over the years, become an extension of the court hearings, resonating very often with the same practice methods as courts. The need for more in-depth mediation sessions will also be presented with the importance of the mediators taking more control of the sessions and giving structure to the mediation. This study will show the importance of more frequent yet more in-depth sessions to make mediation faster and more on-target. This study also explores the need for mediation to be more CHILD INCLUSIVE. PARENTAL ATTUNEMENT is explored as one of the methods that could potentially be used to bring the children’s wishes to the table during the negotiations. Finally, the research advances a number of recommendations such as the need for GUIDELINES for mediators to ensure that a common approach is being adhered to. These guidelines, especially concerning co-parenting, will also serve as suggested proposals for Court to consider when decreeing on co-parenting agreements.