이혼중재의 중립성에 관한 연구

A Study on the Neutrality of Divorce Mediation: Focusing on the Therapeutic Family Mediation

The purpose of this study is to understand the recent divorcing trend and to find the neutral role for mediating in the divorcing course. In the 1999, average 113 couples a day sued for divorce. The number of divorces by agreement reach was over 126,500 events which was increased 259.5% compared to 48,694 events in 10 years ago. It needs to consider that divorce is the social phenomena of family disorganization rather than the lack of personality. Even though the divorce is putting an end to their own wedding life, there are many following problems like the right of bringing up their children, a property division, a remarriage, and so on. When a marriage dissolves, legal proceedings become entwined with emotional dynamics, making decisions about divorce a matter of the heart. It is often difficult to determine the “real” issue in divorce disputes. Therefore we need the service system which the mediator intervene the course of divorcing and arbitrate satisfactorily in both respect of law and social welfare. Therapeutic Family Mediation represents our clinical response to these interactional bases of mediation failure. The most of important issue is the balanced neutral role of mediator who is either lawyer or special psychologist. They must solve the conflicts and social problems on divorce considering the complete neutral balance of power which never lean to their own individual opinion or their beneficial aspects.