Elvira Madleina Falck-Rechtsanwältin-Kanzlei Pilatushof - zugeschnitten
– October 17, 2024

Mediation in separation and divorce

From October 2024, Ms Elvira Falck will be offering mediation services at the Pilatushof law firm. She has successfully completed the Bern University of Applied Sciences Certificate of Advanced Studies (CAS) in Fundamentals of Mediation and will begin the Bern University of Applied Sciences Certificate of Advanced Studies (CAS) in Family Mediation. She is already available for mediations, especially family mediations.
  • What is mediation?

Mediation is a process for conflict resolution. Under the guidance of a neutral mediator, the parties are supported in finding solutions to their conflicts. The parties should voluntarily decide in favour of mediation. It is not a question of who is right or wrong, but of ultimately finding an optimal solution for all parties involved.

  • How does mediation work?

The mediation conducted by Elvira Falck is based on the Bernese phase model. This means that mediation begins with the preliminary phase or preliminary discussion, during which the details are clarified (persons present, appointments, costs). In the first phase, the parties are welcomed, the mediation is explained and the framework conditions are created. The mediation then enters the second phase, the presentation of points of view. Both parties are given time to express their views on the conflict. The conflict issues are collected and prioritised together. In the third phase, the collected conflict issues are explored in greater depth. The aim of this phase is to identify the needs behind the positions, to understand each other and to achieve clarity. In the fourth phase, solutions are identified and negotiated. And in the fifth phase, the solutions are evaluated and a joint agreement is drawn up.

  • Is mediation suitable for us?

Mediation requires a certain willingness to recognise one’s own interests and needs, as well as those of the other party. Otherwise, it is suitable for all conflicts in all areas of life (between spouses, employees, friends, partners, heirs, neighbours, etc.).

  • Can the lawyer’s work be integrated into the mediation process?

No. Mediation generally excludes the provision of legal advice during the mediation process, as this would compromise the impartiality of the mediator. During the mediation process, it is therefore advisable to seek external legal advice if this appears necessary. If only general legal information is required, this will be provided during the mediation process, but only with the consent of both parties.

Facebook
Twitter
LinkedIn
XING