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Regarding the issue that we are studying, family disputes, at this moment we are waiting for the Law that will rule the proceedings for this special kind of mediation, within the frame of the judicial system. In the private arena, they have been in practice for many years, although their number is still scanty.
In mediation community centers of the Federal Capital and of the Province of Buenos Aires, especially at the venue in the town of Castelar, the ratio of family disputes to all cases that require this service is high.
In the province of Buenos Aires "Family Courts" have been set up and they have incorporated the figure of the "Counselor", who -among his/her tasks- is in charge of mediating. It is important to point out that the mediations that this Counselor carries out are different from those of the traditional mediator in the specific issue of confidenciality, because as the mediation is in this case within the courts, if the dispute is not settled at the first stage, what was stated during the mediation process will come out when the case goes to the lawsuit itself.
The Ministry of Justice, given the imminence of
the enactment of the law that will rule the practice of mediation in disputes
in families as a step previous to the lawsuit, has set up a specific training
program, considering that a special training is needed, besides the basic
one required for other kinds of mediations. This single fact shows that
this kind of mediation is different from the others. These differences
are due to the complexity of them and, thus, it is necessary for mediators
to acquire other theoretical knowledge and others techniques.
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