Family Mediation: Why It Still Faces Resistance

Family mediation aims to ease tensions during a separation by encouraging dialogue and keeping the child’s best interest at the center. 
It began in the United States in the early 1900s, spread to Canada in the 1980s, France in the early 2000s, and more recently to Geneva in 2023. Despite its proven benefits, family mediation is still rarely used.

A French survey conducted by CERAF in 2001 and repeated 12 years later showed that nearly one-third of respondents had never heard of family mediation. Among those who had, many confused it with couples therapy or marriage counseling—often seen as attempts to reconcile a relationship they no longer wish to maintain.

Legal recourse remains the preferred option for many, perceived as a more protective route. Unlike mediation, filing a legal case requires only one person’s initiative. Mediation, on the other hand, requires both parties to agree, which already limits its accessibility. 

Additional barriers include the perception that mediation lacks legal weight or authority, that it demands uncomfortable concessions, or that it requires people to talk about themselves—something many are unwilling to do.

Yet when done right, family mediation allows parents to take back control. Provided they are informed of their rights, they are capable of engaging in meaningful dialogue, reflecting on their separation, and making sustainable decisions, especially regarding their children.

The mediator plays a central role. As a neutral and impartial professional, the mediator creates a space where each person 
can express themselves freely and without fear of judgment. Far from being a form of therapy, family mediation offers a constructive, respectful, and often more peaceful alternative to legal proceedings.

Rather than letting the lawyer propose and the judge decide, family mediation restores power to the parents, allowing them 
to shape the future of their family—together.