About Anne Liakka Anne Liakka is partner and founder at Liakka Oy Attorneys-at-Law, a law firm specialising in family and estate law in the heart of Helsinki. Founded by Anne at the beginning of 2022, the firm offers clients a wide range of services in all aspects of family law. Instead of litigation, the team encourages and aids clients in finding amicable and lasting resolutions. The firm also offers family and estate law services with international implications. Contact Anne Liakka Founder Liakka Oy Attorneys-at-Law Erottajankatu 15–17, 00130 Helsinki, Finland Tel: +358 92516 6310 E: anne.liakka@aaliakka.fi www.aaliakka.fi Compared to a court case, mediation is perceived to offer an additional advantage in that, instead of a district court judge, the decisions are made by the parents themselves who will also have to live with the settlement at which they arrive. Moreover, mediation allows the parties to take up matters that are important to them, even if they are not relevant from a legal point of view. As a process, mediation is flexible and allows the parents to express their emotions. A further advantage offered by mediation is that it is forward-looking and focuses on the common interests of the parents, whereas in court proceedings past events are submitted as evidence and the objective is to prove that the other party’s position is ill-founded. In process terms, mediation is much quicker than court proceedings because, if possible, the mediation session is held within six weeks of the date when the decision to start mediation is made. What is the attorney’s role in court-administered mediation? It is quite common to rely on a legal adviser in mediation because most THOUGHT LEADER 67 child custody disputes are referred to mediation while court proceedings are in progress, which means that the parents have already engaged a legal adviser. Parental separation can be complex and emotionally draining, but even in difficult disputes, a settlement or partial settlement can be reached, making it easier to deal with the case in court later on. The legal adviser’s role is crucial in mediation, as he or she is called upon to help the parties reach an amicable solution. Legal advisers also play a major role as to whether the case ends up in mediation in the first place, as they are called upon to assess the suitability of the case for mediation, recommend mediation to their clients at an early stage as well as to inform them about the benefits and possibilities offered by mediation. Legal advisers are to support the client in the mediation process and help reduce the stress and uncertainty experienced by them. The legal adviser explains to the client what is happening in mediation, what the various potential solutions are and what they mean, and what the client can realistically expect. At the same time, he or she is required to intervene if a parent behaves inappropriately and reassure them if necessary. A legal adviser is often better qualified than the client to identify the client’s interests, because the conflict can affect the client’s ability to comprehend the situation and see further into the future. If the client’s wishes conflict with the best interests of the child, the legal adviser can help the client understand the child’s specific interests in the given situation, even if it means that the client needs to compromise. The legal adviser’s role is to work with the parent to explore options and make constructive suggestions to find a lasting solution. Mediation aims at a lasting parental agreement that is in the best interest of the child.
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