There are three ways to initiate a Family Dispute Mediation process:

1. By mutual agreement of the parties
A mutual agreement of the parties is the decision to appoint an independent person for the purpose of resolving the dispute.

There are various ways in which the parties may reach a mutual decision to proceed with mediation:

• The most straightforward method occurs when the parties immediately agree that their dispute should be resolved through mediation and jointly approach either a mediator or a mediation center to appoint a mediator. This can also take place during ongoing court proceedings.
• A second method occurs when one party approaches a mediation center for the appointment of a mediator, and the center informs the other party of the intention to appoint a mediator. If the other party consents, the mediation process begins.
• A third method involves one party directly contacting a mediator to express their wish to engage them, with the mediator then informing the other party to determine their interest in appointing the mediator. This method is rare, as acceptance is unlikely due to potential concerns regarding the mediator’s perceived impartiality.

2. Where a law requires the parties to mediate
Regarding family disputes, there is currently no statutory obligation to use mediation.

However, there are other areas where mediation is mandatory. For example, in certain financial disputes, banks are required to participate in mediation; failure to do so may result in the loss of their legal costs in subsequent court proceedings. Similarly, if a bank refuses to open a customer account and the customer wishes to resolve the matter through mediation, statutory mediation provisions may apply.

3. Where a prior agreement to mediate exists
This occurs when the parties have agreed, in a prior contract, that in the event of a dispute they will attempt to resolve it through mediation.

This method is common in commercial transactions. However, it generally does not apply to family disputes, unless the original agreement containing the mediation clause was the result of a prior mediation settlement.

Selection of a Mediator
In accordance with the Law, the selection of a mediator by the parties must be made from the Register of Family Dispute Mediators. That is, the mediator must necessarily be registered in this Register. The selection is made through the methods described above.

A mediator who is not registered in the Register of Family Dispute Mediators cannot undertake a family dispute mediation process.

Signing the Family Mediation Agreement
Subsequently, the parties enter into a written Family Mediation Agreement, which includes details regarding the conduct of the mediation, its duration, the obligation of confidentiality, the costs of the process, and other relevant aspects. It may also include any additional elements that the parties deem necessary.

The agreement is prepared by the mediator, or, where the mediator is appointed through our Center, it is prepared by the Center.

For more information regarding the family dispute mediation process, please follow the relevant link.

The Mediator Determines the Mediation Process
The mediator determines the procedure for mediation. Where deemed appropriate, the mediator may communicate with the parties and conduct separate meetings with them.

In cases of cross-border family mediation, the mediator may also utilize modern technological means. Cross-border mediation occurs when at least one of the parties has their habitual or permanent residence outside the Republic.

This provision is problematic as currently written, since it appears to prohibit the use of modern technological means (e.g., video conferencing) where the dispute is not cross-border, which is considered unacceptable.

The parties also decide on the venue and location of the mediation. The mediator consults with the parties to establish suitable dates for the conduct of the mediation.

The language of mediation is determined by the parties.

Where necessary, and with the consent of the parties, an expert may participate in the mediation process.

The mediation process suspends any applicable limitation period for the duration of the mediation.

Termination of Family Dispute Mediation
The family dispute mediation process terminates in any of the following circumstances:

• By the conclusion of a settlement agreement between the parties;
• By the preparation of a record indicating that no settlement agreement was reached;
• By the parties’ mutual agreement to terminate the process;
• Where one of the parties ceases to consent to continuing the mediation;
• If any violence arises; or
• If the mediator determines that continuation is unnecessary or impossible.

The termination of the mediation process also terminates the mediator’s mandate.

• A family dispute mediator must adhere to specific principles, including:
• Prohibition of any discrimination on the basis of race, color, religion, gender, etc.;
• Protection of the child’s best interests;
• Confidentiality;
• Impartiality;
• Voluntary participation of the parties; and
• Consideration of any vulnerable circumstances affecting the parties.

The mediator must perform their duties with diligence, independence, and impartiality, and in a manner that is appropriate and effective. The mediator is not subject to oversight and does not follow the instructions of any individual or authority.

The mediator must adhere to the Code of Conduct, act neutrally and impartially, respect the parties’ viewpoints, and ensure a balance in their negotiating positions. The mediator must also safeguard the confidential nature of the mediation process.

If any party or child discloses that they have experienced or may experience violence, the mediator must report this to the competent authorities. Where the dispute affects a child, the mediator should encourage the parents to focus on the child’s needs and take the child’s views into account—if permitted by the parties—considering the child’s age and level of maturity.

The mediator must pay attention to any past or potential violence and its impact on the parties’ negotiating positions.

If any party is unwilling to participate, the mediator raises the issue and may terminate the process. The mediator must also prevent any manipulative, threatening, or intimidating behavior by the parties.

Furthermore, the mediator must:

• Avoid conflicts of interest;
• Ensure the parties participate equally in the process;
• Ensure the parties understand the procedure; and
• Follow the Family Dispute Mediators’ Code of Conduct and the European Code of Conduct for Mediators.

The mediator is required to retain any documents related to the mediation for a period of three years from the date of termination of the mediation process.

Outcome of Family Dispute Mediation

Mediation may result either in a settlement agreement between the parties or in termination without any agreement.

Conclusion of a Settlement Agreement
If, during the mediation process, the parties reach an agreement, the mediator prepares a written settlement agreement. This agreement includes:

• The details of the mediator and the parties;
• The place and date of the mediation;
• The details of any individuals who participated in the process;
• The terms of the mediation agreement; and
• The date of execution.

The agreement is signed by the mediator and the parties.

This agreement is not legally binding unless it is rendered enforceable by the Court.

The agreement may be submitted to the Court either jointly by the parties, or by one party with the written consent of the others. Upon such application, the Court may:

• Declare the whole or part of the agreement enforceable, or
• Reject the application if it determines that the content is not enforceable, or that the dispute cannot be resolved through mediation, or that the agreement is not in the best interests of the child, taking into account the child’s views according to their age and level of maturity.

Failure to Reach a Settlement Agreement
If no settlement agreement is reached, the mediator prepares a record documenting the failure to reach an agreement, which is signed by the mediator and, if the parties wish, by the parties as well. The mediator provides a copy of this record to the parties.