Online Mediation: "The New Normal"

The foreseeable economic crisis arising from COVID 19 will create a catastrophe for many families.

The close quarters endured during the period of confinement has increased the friction in couples, causing certain conflicts. These usually arise in summer times where moments of tension and stress are generated by spending a lot of time together, reuniting in their rest times outside the routine and maelstrom of the day-to-day. That is why divorces in September increase by 30%.

We have read in this period of confinement news that alerted us to the increase in consultations for divorce and to reduce alimony.

The problem will be accentuated by the economic crisis in many families in which they will not have a budget for demands. Divorcing is an expensive and painful process but it will also be long if we add to this the time it will take couples to obtain a decree due to judicial backlog as a result of inactivity during the months of the state of alarm.

"The avalanche is more anticipated in the petitions to lower or extinguish the alimony of the children due to the loss of income caused by the current health crisis as well as processes to request compensation for time from the parents who have prevented from being able to be with their children. ”

Here mediation plays an important role since it can help during the judicial collapse in family matters, in cases of separation, divorce or change of measures.

The parties are encouraged to reach agreements between themselves and thus avoid the judicial route through a voluntary process with the help of a mediator and also favoring the holding of online meetings.

Going to mediation has many advantages.

The first is that due to being a mutual agreement, it is less traumatic and does not drain the parties emotionally as a judicial process, understanding it as a win-win solution in which both parties win and the relationship between the parties is maintained over time.

Another advantage is the economic savings for both parties, especially when compared to the contentious processes in which each party is required to go to court with their respective lawyers and prosecutors.

Saving time is another advantage of mediation compared to lengthy legal proceedings. The agreement between the parties is usually reached in a short period of time, a maximum of six sessions.

Finally, and according to the new normality that we are experiencing, the change in habits and social distancing makes us adapt to new technologies with dispute resolution procedures that bridge geographical barriers between the media through ODR, "Online dispute resolution".

M.Jesus Salinas

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