The courts resolve the major issue of who should have custodial responsibility, but cannot make contact orders. The Danish government promotes a standard package of contact arrangements which can be altered by agreement. If there is a dispute about contact, the matter is initially dealt with by a lawyer in the County Governors Office, who contacts the parents and arranges a meeting with them, where they are advised to attend counselling or mediation. If the problems cannot be resolved by counselling or mediation, then the lawyer in the County Governor's office issues an order which is enforceable in the courts. It is reported that in sixty-four per cent of mediations a complete solution has been found and in eighteen per cent of cases the conflict has been partly solved. Alongside the counselling and mediation offered by the administrative authorities, experimental mediation programmes have started in some courts. xxxv[35] In the situation of the nordic countries. the existence of mandatory mediation in some countries and under certain circumstances is noteworthy since this is contrary to the understanding of family mediation in most European countries. It is well known that Recommendation R(98)1 of the Council of Europe provides that '[m]edition should not, in principle, be compulsory(II a). xxxvi[36 However, the Proposal for a Directive on certain aspects of mediation in civil and commercial matters is not in line; it provides: This Directive is without prejudice to national legislation making the use of mediation compulsory or subject to incentives or sanctions, whether before or after judicial proceedings have started, provided that such legislation does not impede on the right of access to the judicial system xxxvii[37 In the United States, where mediation is mandatory in 13 states- except in cases of domestic violence and in 22 states judges are given the discretion to order couples to enter mediation, empirical data provide supportive evidence that mandatory mediation is much more effective than a purely voluntary process. xxxviii[38 It has to be borne in mind, moreover, that mandatory mediation does not mean that the parties have to agree to anything, but only that they have to attend a mediation session; they are not obliged to continue if they do not want to 2. 4 Family mediation in Western Europe I use the term Western Europe here not in the sense that was used in the Cold War era, but to refer to European countries geographically located in Western and Central Europe.The courts resolve the major issue of who should have custodial responsibility, but cannot make contact orders. The Danish government promotes a standard package of contact arrangements which can be altered by agreement. If there is a dispute about contact, the matter is initially dealt with by a lawyer in the County Governor’s Office, who contacts the parents and arranges a meeting with them, where they are advised to attend counselling or mediation. If the problems cannot be resolved by means of counselling or mediation, then the lawyer in the County Governor’s Office issues an order which is enforceable in the courts. It is reported that in sixty-four per cent of mediations a complete solution has been found and in eighteen per cent of cases the conflict has been partly solved. Alongside the counselling and mediation offered by the administrative authorities, experimental mediation programmes have started in some courts.xxxv[35] In the situation of the Nordic countries, the existence of mandatory mediation in some countries and under certain circumstances is noteworthy since this is contrary to the understanding of family mediation in most European countries. It is well known that Recommendation R (98)1 of the Council of Europe provides that ‘[m]ediation should not, in principle, be compulsory’ (II a).xxxvi[36] However, the Proposal for a Directive on certain aspects of mediation in civil and commercial matters is not in line; it provides: ‘This Directive is without prejudice to national legislation making the use of mediation compulsory or subject to incentives or sanctions, whether before or after judicial proceedings have started, provided that such legislation does not impede on the right of access to the judicial system . . .’xxxvii[37] In the United States, where mediation is mandatory in 13 states - except in cases of domestic violence - and in 22 states judges are given the discretion to order couples to enter mediation, empirical data provide supportive evidence that mandatory mediation is much more effective than a purely voluntary process.xxxviii[38] It has to be borne in mind, moreover, that mandatory mediation does not mean that the parties have to agree to anything, but only that they have to attend a mediation session; they are not obliged to continue if they do not want to. 2.4 Family mediation in Western Europe I use the term ‘Western Europe’ here not in the sense that was used in the Cold War era, but to refer to European countries geographically located in Western and Central Europe