S.L. 12.20 · The Civil Court (Family Section), The First (S.L. 12.20)
S.L. 12.20 Art. 10Mediation proceedings to apply also in other cases.
(1) Without prejudice to the provisions of regulations 4 to 7 where any person desires to proceed before the Court in connection with -
(a) disputes between parties, whether married or otherwise, concerning the custody and maintenance of, or visitation rights to their children; or
(b) maintenance between spouses; or
(c) variations of any matter regulated by any judgement of personal separation or by a deed of personal separation or by a decree or judgment of divorce; or
(d) variation of any agreement in any matter referred to in paragraph (a), such party shall, in the first place, file a letter in the registry of the Court stating his or her claim containing the details listed in regulation 4(1) and signed and filed as therein provided.
(2) The court shall summon the parties to appear before a mediator, and the provisions of regulation 4(3) shall apply.
(3) The mediator shall mediate between the parties in an effort (SUPERIOR JURISDICTION) (FAMILY SECTION)
to make them reach an agreement on the matter in dispute and the provisions of regulation 4(6) and (7) shall apply to the mediation process.
(4) Where the parties reach an agreement it shall be recorded in writing and filed in the records of the proceedings, which shall thereupon be transmitted by the mediator to the Court, which shall unless there is anything therein contrary to public order, decree on the matter in dispute accordingly.
(5) Should the parties fail to reach an agreement the mediator shall inform the Court accordingly.
(6) During the mediation stage any of the parties may apply to the Court for the issue of any provisional order or the issue of any act or warrant to safeguard any of his or her rights.
Änderungsgeschichte
- Amended by XIII.2018.33