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Archive for the ‘Family Mediation’ Category

mediation is the most appropriate way to resolve family disputes that may have occurred after separation or divorce. Through the mediation of former spouse can obtain help and advice to find their own solutions to conflicts or disputes. Mediation in family disputes not only serves to for couples after separation or divorce, it helps with all kinds of family problems. These can include; disputes of parents and children; disagreement over treatment elderly or sick relatives; the issue of grandparents contact with grandchildren, or homeless due to family disputes.

Family mediation

Both sides in family disputes can explain their concerns and needs of each other while witnessed by a qualified family mediator. Mediator is a neutral party, they are on the side of nobody. The mediators chosen to help the two sides of the conflict, not as a lawyer who will work for the party that has hired them. If the case does not seem to be moving very fast, the mediator can suggest many ways to solve problems to help the parties reach an agreement that will be seen as an acceptable choice for both parties. Although, just to clarify, the mediator can never tell the parties what to do in every situation as the party that controls should mediation.

The mediator will provide information about the law in relation to family disputes. But, the mediator can not advise on what should be done to resolve the conflict, it should be entirely up to the parties. Before mediation begins, it will contact a family lawyer advisable to to provide some general legal advice in relation to the dispute to give a better idea about what the law and your rights. An attorney will be able to help you during the mediation process, a qualified lawyer can be hired as a lawyer mediator. This would mean that a lawyer can help you before and in between sessions with the mediator. Upon completion has been reached they will give you that peace of mind that the result is fair for both parties.

Penal Mediation

Of course we are concerned witnessing family conflict; looming collapse of the pole will be a family. When facing a criminal case which divides the family harmony, conscience and common sense must revolt of law enforcement, how to try to restructure the family harmony. In this case, mediation Penal be the right choice solve the problem of household. Investigator initiative to mediate between the suspect (husband) and wife / child (victim), an attempt to re-enforce the laws of morality, namely to restore the family unit, rearranges harmony rights and obligations of husband, wife and children in the household harmony.

The existence of a juridical penal mediation has not gain legitimacy, but sociologically, has long been known traditional societies. Even the customary law that gave priority to the restoration of harmony and integrity of community life.

Ideal character of criminal law enforcement against the problem of private law, should have departed from private interests, which gives more space for dialogue of the parties to the conflict of law, because it between perpetrators and victims aimed at re-establish family harmony. Placing a family conflict solely as a violation of State law, without considering the family unit will not solve the problem, but rather prolong the problem.

In the practice of criminal law enforcement over the years, has practiced law conflict resolution model based on the reconciliation of the parties, especially the offense-offense negligence. Law enforcement in general is still shaky in the process of mediation between the parties. Uncertainty of law enforcement in the investigation stage because it still relied on old-fashioned law enforcement paradigm that puts the criminal law as public law and the superiority of the state.

In line with the shifting criminal law legislation that places penetrated into private domains, then it must also change the paradigm of law enforcement-oriented spirit of reconciliation, no longer promote repression.

Step Breakthrough

Lampung Police open statement to mediate cases of neglect of the child deserves appreciation. This is a breakthrough deadlock legality of criminal law to deliver substantive justice.

Regulation Penal mediation in criminal law enforcement, the partial Chief of Police has issued Letter No.. Pol: B/3022/XII/2009/SDEOPS dated December 14, 2009 on the Handling of Cases Through Alternative Disputes Resolution (ADR) and the Police Regulation No. 7 Year 2008 on the basis of Strategy and Implementation Guidelines for Community Policing in Carrying Out Duties Police.

The regulation is a criminal case settlement guidelines by the method of ADR, with the criteria of a small case, the parties agreed to peace, based on the consensus, respect for community norms, and satisfy justice. Police Regulation shifts the paradigm of the superiority of state law enforcement to authorize the parties to the conflict in the domain of private law.

Investigators attempt to act as mediator / facilitator in the conflict of law between the defendant and the victim in cases of child neglect in Lampung Police opened a new discourse in the enforcement of criminal law. The old paradigm, criminal law enforcement dominated the state’s role to punish the perpetrators for the criminal law is positioned as a public law to protect the public interest.

In the euphoria of law enforcement and protection of human rights, there is the legislative process leading to the domestic domain (the family / household). Product legislation relating to the private domain (the family), among others, Law no. 23 Year 2004 on the Elimination of Domestic Violence. Law is a new phenomenon that gives authority to the state “intervene” private matter. Previously the domain of the private affairs of an autonomous domestic law in accordance with the adage “the criminal law stalled in front of the bedroom door.”

Relationships within the family, namely the rights and obligations of husband, wife, and Ana-child, is a sterile area households from the interference of the criminal law. The family is full of good fortune which upheld the sacred promise institutions.

Publication of the Child Protection Act also invite state interference in the legal issues between husbands, wives, and children, who previously sealed as a family problem. Any conflict among members of the family, the family that overcome them because of family conflict is a private matter so airings private problems into public space into a family disgrace.

Enforcing the criminal law is not the same as applying the law text, but should explore the “objective meaning and purpose of the law” behind the text. If the concept of rule of law can only apply the formulation of sound laws are subsume  text, the end result is only limited confirmation text enactment of laws, without considering the impact and purpose of law enforcement that led to the formal-procedural fairness. It could even happen paradox of law enforcement, namely the collapse of the joints of family harmony, the outbreak of the ark households, breakdown of family unit, only a sense of revenge in Garfunkel. Who would benefit?

In this modern world it seems more difficult for many people to get along well with their family members due to colliding interests, hopes and opinions. Perhaps you might be experiencing the same problem too. If you are thinking about breaking away from your family, you should know that you can brave this with the help of the family mediation surrey. The family mediation surrey is a professional third party that can help you resolve disputes between family members and lets you have some peace of mind at the end of the day.

Perhaps you may think that there is no need for you to seek help from a third party. After all, what’s the use of leaking your personal affairs to someone you barely knows? However, you should take note that the family mediation surrey has managed to help so many people in overcoming problems related to family disputes. If you are currently on a dead end due to communication breakdown, for example, it is advised that you let the family mediation surrey take over your case.

As long as it is a family dispute you can always rely on the family mediation surrey to solve your problem. This is because they allow you and every member of the family the opportunity to voice out your dissatisfactions, anger or just about anything.