be conducted in the cases provided for in the Criminal Procedure Code. xiv[14] However, according to Velina Todorova, the Act as a whole does not create the conditions for the promotion and active use of mediation since it clearly regards mediation as a poorer alternative to judicial proceedings and it is likely that mediation will not be widely used in practice. xv[15] In some countries in this group there is a certain overlap between and confusion about the terms reconciliation, counselling and mediation. In a recent work, Gordana Kova... ek Stanif clearly shows this overlap in the Serbian Draft Law on Family which introduces mediation. xvi[16] According to this Draft, the mediation procedure is aimed at reconciliation and, if this is unsuccessful, seeks to achieve a settlement (Article 229 Draft). Therefore, the first step of mediation is reconciliation with the purpose of avoiding divorce(Article 234, Draft). As a rule, the so-called ' mediation procedure' is carried out by the court before a single judge. However, a judge who conducts mediation may not participate in further judicial proceedings between the parties if mediation has not been successful (Articles 231 and 232 of the Draft). If the spouses agree to psychosocial counselling, the court may entrust mediation to the competent guardianship authority, a marriage or family counselling service, or another institution that specialises in mediating family conflicts at the spouses proposal or with their consent Under the law in force, the reconciliation procedure is the only one regulated. The aim of reconciliation is to reconcile spouses in a way that encourages them to remain married or, if that is not possible, to encourage them to reach an agreement concerning the care of the children after divorce (Articles 352 to 358, Law on Marriage and Family Relations It is worth noting that, according to the best doctrine and practice of family mediation, reconciliation and mediation are two completely different tasks. As Lisa Parkinson has pointed out mediation cannot have the dual function of saving marriages wherever possible and of encouraging an amicable divorce, since this would confuse its image and objectives. If a couple wants to get back together, the mediator should encourage them to seek counselling. xvii[l7] On the other hand, the idea of a judge acting as a mediator runs counter to the generally admitted idea that a mediator is a specifically trained professional, an idea which also underpins the current project of a European directive concerning mediation. 2.2 Family mediation in Southern Europebe conducted in the cases provided for in the Criminal Procedure Code’.xiv[14] However, according to Velina Todorova, the Act as a whole does not create the conditions for the promotion and active use of mediation since it clearly regards mediation as a poorer alternative to judicial proceedings and it is likely that mediation will not be widely used in practice.xv[15] In some countries in this group, there is a certain overlap between and confusion about the terms reconciliation, counselling and mediation. In a recent work, Gordana Kova…ek Staniƒ clearly shows this overlap in the Serbian Draft Law on Family which introduces mediation.xvi[16] According to this Draft, the mediation procedure is aimed at reconciliation and, if this is unsuccessful, seeks to achieve a settlement (Article 229 Draft). Therefore, the first step of mediation is reconciliation with the purpose of avoiding divorce (Article 234, Draft). As a rule, the so-called ‘mediation procedure’ is carried out by the court before a single judge. However, a judge who conducts mediation may not participate in further judicial proceedings between the parties if mediation has not been successful (Articles 231 and 232 of the Draft). If the spouses agree to psychosocial counselling, the court may entrust mediation to the competent guardianship authority, a marriage or family counselling service, or another institution that specialises in mediating family conflicts at the spouses’ proposal or with their consent. Under the law in force, the reconciliation procedure is the only one regulated. The aim of reconciliation is to reconcile spouses in a way that encourages them to remain married or, if that is not possible, to encourage them to reach an agreement concerning the care of the children after divorce (Articles 352 to 358, Law on Marriage and Family Relations). It is worth noting that, according to the best doctrine and practice of family mediation, reconciliation and mediation are two completely different tasks. As Lisa Parkinson has pointed out, mediation cannot have the dual function of ‘saving marriages’ wherever possible and of encouraging an amicable divorce, since this would confuse its image and objectives. If a couple wants to get back together, the mediator should encourage them to seek counselling.xvii[17] On the other hand, the idea of a judge acting as a mediator runs counter to the generally admitted idea that a mediator is a specifically trained professional, an idea which also underpins the current project of a European directive concerning mediation. 2.2 Family mediation in Southern Europe