Step One: The Mandatory Mediation (Mekling)

In Norway, parents with children under the age of 16 who are separating or divorcing are legally required to attend at least one hour of mediation. This takes place at the Family Protection Office (Familievernkontoret) or with an authorized private mediator.

1. The Purpose: The "Meklingsattest"

The primary goal for many is simply to obtain the Meklingsattest (Mediation Certificate). You cannot apply for a separation, divorce, or take a custody case to court without this document. It is valid for six months.

2. The Role of the Mediator

The mediator is there to help parents create a Parental Agreement (Samværsavtale). However, parents should be aware of the following:

  • Neutrality vs. Reporting: While mediators are generally bound by confidentiality, there is an exception. If a mediator becomes "gravely concerned" about a child's safety during a session, they have a duty to report to Barnevernet.
  • Pressure to Agree: Mediators often push for "Shared Residence" (Delt bosted) as a default. If this does not work for your family, you are not legally obligated to agree during mediation.

3. Bringing the Children

Children aged 7 and older (and younger if they are capable) have the right to be heard. Many Familievernkontor offer sessions for children to speak with a neutral party. While this is promoted as "child-centric," parents should ensure the child feels safe and not pressured to choose between parents.

Do Better Norge Tip: Use the first hour to see if communication is possible. If the conflict is high, do not use the mediation room to argue. Simply complete the hour, get your certificate, and seek legal counsel. Anything said in mediation can sometimes "leak" into future reports if Barnevernet becomes involved later.