Family mediation in conflicts involving minors: effectiveness and application criteria

Abstract

Family mediation has become one of the most relevant alternative dispute resolution mechanisms within the field of family law, particularly in disputes involving minors. This procedure promotes dialogue between the parties with the aim of reaching consensual agreements that prioritize the best interests of the child and reduce the negative effects derived from prolonged adversarial judicial processes. The present study aims to analyze the effectiveness of family mediation in conflicts involving minors and to establish appropriate criteria for its application within family justice systems. This article is developed within the framework of the research project of the Law program at the Universidad Estatal del Sur de Manabí, entitled “Legal education through radio stations and the internet.” The research was conducted under a qualitative approach through documentary analysis of scientific literature, international regulations, and empirical studies on family mediation. The results show that mediation contributes to reducing litigation, improving communication between parents, and generating more stable agreements regarding custody, visitation arrangements, and parental co-responsibility. Likewise, fundamental criteria for its application are identified, such as the voluntariness of the parties, specialized training of the mediator, protection of the best interests of the child, and the appropriate participation of minors in the process. It is concluded that family mediation constitutes an effective tool for resolving family conflicts, provided that it is applied under legal, psychological, and social criteria aimed at ensuring the well-being of the minors involved.