The Family Mediation Law of the Balearic Islands is modified

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The family constitutes the fundamental nucleus of people's development and is one of the institutions that has evolved the most during the 20th century. The reality that the family structure currently presents, with the emergence of new forms of coexistence, such as de facto unions, single-parent families or families formed by members who come from previous breakups with sons or daughters of one or both parties, has led to conflicts that arise are of a more complex nature and difficult to resolve through judicial means, until now the traditional way of resolving conflicts. Therefore, it is necessary to look for other alternative and complementary ways. Regardless of the different family configurations, the diversity of conflicts in which the traditional family can be immersed and the problems that arise from the new models, it must not be forgotten that the well-being of children and their protection must always be present so that families continue to be the fundamental element in the biological, social and psychological development of their sons and daughters. Faced with these difficulties, in which legal and economic aspects coexist with emotional and affective aspects, the judicial system faces a series of limitations for the corresponding resolution.
For this reason, when the adoption of certain decisions related to the exercise of their powers presents difficulties, families must know that they have the option of resolving differences by resorting to extrajudicial procedures more appropriate for the resolution of these conflicts, among which point out mediation. During the second half of the 1970s, the technique of mediation began to reconcile family conflicts in the United States and, later, in Europe. In Europe, the growing interest in family mediation is reflected in the Recommendation of January 21, 2001 of the Committee of Ministers of the Council of Europe. This recommendation urges WhatsApp Number List  the governments of member states, in accordance with the experiences of various countries, to institute and carry out mediation. Law 15/2005, of July 8, which modifies the Civil Code and the Law of Civil Procedure in matters of separation and divorce, introduces a new rule 7 in article 770 of the Law of Civil Procedure, which indicates that the parties can request by mutual agreement the suspension of the process to undergo family mediation. Article 39 of the Spanish Constitution establishes that the public powers ensure the social, economic and legal protection of the family and also the comprehensive protection of children.




Article 148.1.20 enables the autonomous communities to assume powers in this matter. Article 30.16 of the Statute of Autonomy of the Balearic Islands, approved by Organic Law 1/2007, of February 28, attributes to the autonomous community of the Balearic Islands exclusive competence in social protection of the family, and, by virtue of Article 30.27, the autonomous community has exclusive jurisdiction in matters of its own civil law. The Parliament of the Balearic Islands, within the framework of the aforementioned powers, approved Law 18/2006, of November 22, on Family Mediation. This rule opted for the figure of the mediation contract and for giving it a private and not public character. Mediation was not considered a public service. Law 18/2006 was developed through Decree 66/2008, of May 30, on family mediation. Over the years, there is a confluence between the development of the institution of family mediation and a process of universalization of social services, which makes social services the ideal framework in which the institution must be accommodated. of family mediation, given that, sometimes, the resolution of a family conflict requires coordinated intervention with other protection systems.