S.L. 12.20 Art. 3Appointment of Mediators etc.

(1) (a) The Minister shall in accordance with article 89 of the

Code of Organization and Civil Procedure appoint a panel of experts in family matters (hereinafter in these regulations called "mediators")

being persons who in the opinion of the Minister have the necessary qualities to undertake the functions assigned to mediators by these regulations which panel shall consists of two lists as follows:

(i) a first list consisting of persons qualified as aforesaid from amongst whom the parties in a case may select by mutual consent a person to act as mediator; and

(ii) a second list of persons qualified as aforesaid who shall be appointed by the Court on a roster basis to act as mediators in a particular case. A person who has the necessary qualities as aforesaid may be included in both the first and second list;

(b) The Minister shall in accordance with article 89 of the

Code of Organizationand Civil Procedure appoint a panel of advocates (hereinafter in these regulations called "children’s advocates") being persons in

*These regulations have been repealed by Legal Notice 216 of 2026. (SUPERIOR JURISDICTION) (FAMILY SECTION)

possession of the warrant to practice as advocates and who having experience in family law.

(2) Mediators and children’s advocates shall be paid such fees for their services as the Minister may from time to time establish. Where the parties select a mediator by mutual consent from the first list of mediators the fees due to such mediator shall be charged to the parties, otherwise the fees due to mediators and children’s advocates shall be paid by the Registrar.

(3) Before making the appointments as aforesaid the Minister shall consult the judge or judges, presiding over the Civil Court (Family Section).

(4) Before assuming the functions of their office the mediators and children’s advocates shall subscribe to an oath in the hands of the State Advocate to discharge the duties of their office faithfully and impartially and not to divulge any information which may come to their knowledge through the performance of their duties. Such oath shall be filed in the registry of the Civil Court by means of a note and the Registrar shall keep such note in a special book which shall be properly indexed and be subject to public inspection at all times during which the said Registry is open.

(5) A mediator may request to abstain from performing his functions in any particular case and may be challenged on the same grounds on which according to law a judge may abstain or be challenged. The judge or magistrate presiding the Court before which the case is being heard shall decide on such request for abstention or challenge and the decision of the judge or magistrate, as the case may be, shall be final and may not be appealed against or challenged before any Court.

(6A) Without prejudice to the functions of the Children’s Advocate under any other law, the functions of the Children’s Advocate shall include inter alia:

(a) providing legal assistance, representations and advice to minors;

(b) acting in the best interests of the minors;

(c) submitting the views of minors in Court including through the filing of judicial acts;

(d) providing explanations to the minors on the possible consequences should the Court conform to the minors’ wishes; and

(e) providing the minors with any relevant information:

Provided that the Children’s Advocate shall provide the minor with all the relevant explanations and information as mentioned in paragraphs (b) and (c) only if the minors are considered by the Children’s Advocate topossess sufficient understanding and maturity.

(6) The Minister shall in accordance with article 89 of the Code of Organization and Civil Procedure appoint a panel of experts in family and child matters (hereinafter in these regulations called support persons) being persons who in the opinion of the Minister have the necessary qualities to undertake the functions assigned to support persons, which panel shall consist of persons qualified as aforesaid who shall be appointed by the Court on a roster basis to act as support persons in a particular case.

(7) The functions of the support person shall include, inter alia:

(a) guiding and assisting the minor in a sensitive manner, both during and after the proceedings, as appropriate;

(b) the provision of general emotional support to the minor;

(c) advising the Court as to whether therapy or counselling is necessary, both during and after the proceedings;

(d) liaising with the minor’s parents or legal guardians, family members, and advocate, as appropriate;

(e) informing the minor about the proceedings at court and his role during the proceedings;

(f) advising or requesting the Court on the issuing of protection orders, both during and after the proceedings, as appropriate;

(g) monitoring the adherence to Court orders by perpetrators following the conclusion of the proceedings;

(h) monitoring the relationship between the minor and the perpetrators following the conclusion of the proceedings, as appropriate;

(i) liaising with the appropriate agencies and, or professionals to ensure that the necessary counselling and, or treatment is provided, as appropriate;

(j) advising or requesting the Court to issue any special measures as may be necessary in the minor’s best interest.