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2.3 Family mediation in Northern Europe In Norway, according to the Marriage Act 1991, which came into force on 1 January 1993, mediation is compulsory for spouses who have children from their marriage who are under 16 years of age (cf. Section 26 Marriage Act), except in specific cases, such as in cases of domestic violence (cf. Section 23 Marriage Act) Obviously, this does not mean that they are compelled to reach an agreement, but that they must initiate mediation before the case is brought before the County Governor or a court (cf. Section 26 The purpose of mediation is not to bring the spouses back together. The Act explicitly states: " The purpose of the mediation is to reach an agreement concerning parental responsibility, right of access or where the child or children shall permanently reside with due emphasis on what will be the best arrangement for the child/children 'xxviii[28] The spouses are under an obligation to attend this mediation in person unless compelling reasons prevent them from doing so, and when an attempt at mediation has been made, a certification is to be issued to that effect. xxix[29 In Sweden, xxx[ 30] mediation is called 'cooperation talks. These cooperation talks' are defined as talks where the parents under expert guidance try to arrive at a common point of view on the questions of cus tody and access. The goal of the talks is to make the parents reach an agreement, but even if no agreement is reached, through these talks parents may learn how to understand each other's opinions better and how to manage their conflicts in a way that negatively affects the children as little as possible. The goal is partly for them to agree on questions nvolving their children and partly to improve their ability to cooperate as parents Today, ninety per cent of the parents who separate in Sweden solve the questions regarding custody, residency and access either entirely on their own or with assistance through cooperation talks or family counselling. Only ten per cent of the parents receive help from the court to solve the questions mentioned. xxxi31l The parents often turn to the municipalities themselves to receive assistance in reaching an agreement. However, after a case regarding custody, residency or access has been brought before a district court, the court may refer the matter to the social welfare committee. The court' s option to institute cooperation talks does not as such depend on the parents' consent, and2.3 Family mediation in Northern Europe In Norway, according to the Marriage Act 1991, which came into force on 1 January 1993, mediation is compulsory for spouses who have children from their marriage who are under 16 years of age (cf. Section 26 Marriage Act), except in specific cases, such as in cases of domestic violence (cf. Section 23 Marriage Act). Obviously, this does not mean that they are compelled to reach an agreement, but that they must initiate mediation before the case is brought before the County Governor or a court (cf. Section 26 Marriage Act). The purpose of mediation is not to bring the spouses back together. The Act explicitly states: ‘The purpose of the mediation is to reach an agreement concerning parental responsibility, right of access or where the child or children shall permanently reside, with due emphasis on what will be the best arrangement for the child/children.’xxviii[28] The spouses are under an obligation to attend this mediation in person unless compelling reasons prevent them from doing so, and when an attempt at mediation has been made, a certification is to be issued to that effect.xxix[29] In Sweden,xxx[30] mediation is called ‘cooperation talks’. These ‘cooperation talks’ are defined as talks where the parents under expert guidance try to arrive at a common point of view on the questions of custody and access. The goal of the talks is to make the parents reach an agreement, but even if no agreement is reached, through these talks parents may learn how to understand each other’s opinions better and how to manage their conflicts in a way that negatively affects the children as little as possible. The goal is partly for them to agree on questions involving their children and partly to improve their ability to cooperate as parents. Today, ninety per cent of the parents who separate in Sweden solve the questions regarding custody, residency and access either entirely on their own or with assistance through cooperation talks or family counselling. Only ten per cent of the parents receive help from the court to solve the questions mentioned.xxxi[31] The parents often turn to the municipalities themselves to receive assistance in reaching an agreement. However, after a case regarding custody, residency or access has been brought before a district court, the court may refer the matter to the social welfare committee. The court’s option to institute cooperation talks does not as such depend on the parents’ consent, and
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