S.L. 16.20 Art. 39Other proceedings towhichmediation applies.

(1) Without prejudice to the other provisions of these regulations, where a person intends to proceed before the Court with respect to any of the following matters:

(a) disagreement between unmarried parties regarding the care and custody of children, their residence, access rights of each party, and the payment of maintenance and expenses relating to health, education, and extracurricular activities payable by each party;

(b) maintenance between spouses;

(c) changes to anything regulated by a personal separation judgement or a personal separation contract or by a divorce decree or judgment:

Provided that in the case of an alleged need for medical treatment and, or therapy for the children, an application shall be filed before the Court and the said Court shall, in its discretion, either decide on such application without proceeding to mediation or, where it deems it to be more appropriate in the circumstances of the case, refer the parties to mediation; or

(d) changes to an agreement concerning any matter referred to in paragraph (a), the provisions of regulation 17 shall apply according to the requests made:

Provided that where the request under this sub-regulation concerns the care and custody of children, their residence and, or access rights of each party and, or the payment of maintenance and expenses relating to health, education, and extracurricular activities payable by each party, the provisions of regulations 17 and 18 shall apply.

(2) The Court shall summon the parties to appear before a mediator, and the provisions of these regulations, including those concerning the appointment of a Children’s Advocate as the case may require, shall apply mutatis mutandis.

(3) The mediator shall mediate between the parties with a view to bringing them to an agreement on the matter in dispute.

(4) When the parties reach an agreement, it shall be recorded in writing and entered in the procedural acts, which shall then be forwarded by the mediator to the Court, which shall unless there is anything contrary to public order, issue a decree on the matter in accordance with such agreement.

(5) Where the parties do not reach an agreement, the provisions of these regulations shall apply mutatis mutandis.

(6) During mediation, either party to whom this regulation applies, may request the Court to issue any provisional order, including any interim decree, or to issue any act or warrant necessary to safeguard its rights.