Does mediation mandatory for family matters in Armenia?

Yes, in Armenia, mediation is mandatory for certain family matters. This means that if the parties wish to go to court, they must first try to resolve their dispute through mediation. The requirement for mandatory mediation does not mean that the dispute must always be resolved throughout the mediation, but rather that the parties must use the possibility of resolving the dispute amicably before applying to the court.
Of course, it is possible that the parties may not succeed in finding a mutually acceptable solution, or one party may refuse to participate in the mediation process altogether. In such cases, mediation concludes, and the interested party has the right to submit a claim to the court, attaching to it the mediator's report on the conclusion of the mediation process.

In which family disputes mediation is mandatory?
Here are the family disputes you should try to resolve via a mediation, before you go to court:
• Divorce,
• collection of alimony (child support),
• division of marital property of the spouses,
• implementation of parental rights regarding the upbringing and education of the child,
• establishment of visitation arrangements with the child,
• modification or dissolution of the marriage contract.
With the above claims, prior to applying to the court, the parties may not be required to undergo mandatory mediation if:
• A decision has been made regarding protective measures concerning domestic violence against one of the parties, regardless of whether that person is currently on preventive registration or has been removed from such registration,
• One of the parties has been held criminally liable for intentionally committing a crime against the other party or their child, parent, grandparent, brother, or sister,
• One of the parties has been declared missing or incapacitated by a court decision, is in detention, or is serving a sentence related to deprivation of liberty.

Can a mediator give legal advice?
Mediators can give you information about laws and court procedures and can tell you about other resources available, but they do not give legal advice. That is, they do not interpret the case or recommend any specific legal action that would benefit either party over the other.
How does mediation work?
In a confidential setting, the mediator helps each party to communicate what is important to him or her and to hear what is important to the other party. With help from the mediator, the parties:
• identify the issues that need to be resolved;
• prioritize the issues and focus on one at a time;
• discuss possible solutions;
• come to agreement about parenting plans and/or financial or other issues;
• have a draft prepared of their emerging agreement; and
• review, revise, and prepare the agreement for signing.

What are the advantages of mediation?
Mediation is a less stressful and more effective method for resolving disputes in family matters. During the mediation process, the licensed mediator uses special techniques to help the parties uncover their true needs, without having any vested interest in the outcome of the case. Often, the parties' demands are based on hidden needs that may not be revealed during court proceedings.
Identifying these real needs not only allows the parties to quickly find an acceptable solution to the problem, but also helps them truly understand the underlying issue, reconsider their approaches and behaviors regarding the dispute. It is also important to emphasize that at the end of the mediation process, there are no "winners" or "losers," as the solution reached reflects the mutual will of both parties. In contrast, a judicial decision typically satisfies the expectations of only one party, leading to appeals and years of legal disputes.
Since the agreement reached at the end of mediation reflects the mutual will of the parties, the likelihood that the provisions included in the settlement agreement will be carried out in good faith and voluntarily in the future also increases. Additionally, mediation is an effective tool for quickly resolving disputes. When mediation concludes with the signing of a settlement agreement, the interested party can immediately submit it for court approval. Notably, the court examines the application for approval of the settlement agreement without convening a hearing and issues a decision within seven days of receiving the application. In contrast, the examination of disputes in court generally entails a lengthy process that can last for years.
For more information feel free to contact Ilex law firm.