Domestic Relations Case Procedure Act

When proceedings for mediation of domestic relations are conducted by a sole judge, a family court may, when it finds it to be appropriate, have a court clerk investigate the facts; provided, however, that this does not apply when it finds it to be appropriate to have a family court investigating officer investigate the facts.

The provisions of Article 263 through the preceding Article apply mutatis mutandis where proceedings for mediation of domestic relations are conducted by a sole judge.

When an agreement is reached between the parties at mediation and included in a record, mediation will become successful, and the entry has the same effect as a final and binding judgment (with regard to the matters set forth in Appended Table 2, a final and binding ruling under the provisions of Article 39).

When an agreement is reached between the parties with regard to part of a case for mediation of domestic relations, mediation may be successfully achieved with regard to the part of the case. The same applies when an agreement is reached with regard to one of the cases for mediation of domestic relations for which the consolidation of proceedings has been ordered.

In a mediation case regarding divorce or dissolution in an adoptive relationship, mediation may not be successfully achieved by the method prescribed in Article 54, paragraph (1) as applied mutatis mutandis pursuant to Article 258, paragraph (1); provided, however, that this does not apply where it is done by a method by which the family court and both parties are able to converse while mutually recognizing each other's condition through video and audio transmissions.

The provisions of paragraphs (1) and (2) do not apply to mediation cases regarding the matters prescribed in Article 277, paragraph (1).

If there is a miscalculation, clerical error, or any other clear error similar thereto in the record of a mediation, a family court may, upon petition or by its own authority, make a ruling of correction at any time.

A ruling of correction must be made by preparing a written judgment.

An immediate appeal may be filed against a ruling of correction.

An immediate appeal may be filed against an order to dismiss the petition set forth in paragraph (1) as unlawful.

When it is found to be difficult for a party to appear due to living in a remote place or on any other grounds, if the party has submitted a document stating that the party accepts the proposed terms of mediation presented in advance by a mediation committee (if the proceedings for mediation of domestic relations are conducted by a sole judge, the judge; the same applies in the following Article and Article 272, paragraph (1)), and the other party has appeared on a date for the proceedings for mediation of domestic relations and accepted the proposed terms for mediation, it is deemed that both parties have reached an agreement.

The provisions of the preceding paragraph do not apply to a mediation case regarding divorce or dissolution of an adoptive relationship.

When a mediation committee finds that because of the nature of a case it is unsuitable for mediation, or finds that a party has filed a petition for mediation for an unjust purpose and without good reason, the mediation committee may close the case for mediation of domestic relations, deciding not to conduct a mediation.

When there is no likelihood of any agreement to be reached between the parties (including the agreement set forth in Article 277, paragraph (1), item (i)) or when a mediation committee finds that an agreement that has been reached is inappropriate, the mediation committee may close the case for mediation of domestic relations, considering that mediation has been unsuccessful; provided, however, that this does not apply when a family court has made a ruling in lieu of mediation under the provisions of Article 284, paragraph (1).

When a case for mediation of domestic relations has been closed pursuant to the provisions of the preceding paragraph, a family court must give notice to that effect to the parties.

If, with regard to a case for which a petition for mediation of domestic relations has been filed, a party has filed an action within two weeks from the day on which the party has received notice under the provisions of the preceding paragraph, the action is deemed to have been filed at the time of the filing of the petition for mediation of domestic relations.

When a mediation case regarding any of the matters set forth in Appended Table 2 has been closed pursuant to the provisions of paragraph (1), it is deemed that a petition for the adjudication of domestic relations regarding the matter has been filed at the time of the filing of the petition for mediation of domestic relations.

A petition for mediation of domestic relations may be withdrawn in whole or in part until a case for mediation of domestic relations is closed.

Notwithstanding the provisions of the preceding paragraph, the withdrawal of a petition for mediation regarding the division of an estate does not become effective without the consent of the respondent after 10 years have passed from the time of the commencement of the succession.

Notwithstanding the provisions of paragraph (1), a petition for mediation regarding the designation of a person who has parental authority may not be withdrawn without permission from the family court, even before a case for mediation of domestic relations is closed.

The provisions of Article 82, paragraphs (3) and (4), and the provisions of Article 261, paragraphs (3) and (4) and Article 262, paragraph (1) of the Code of Civil Procedure apply mutatis mutandis to the withdrawal of a petition for mediation of domestic relations. In this case, the phrase "the proviso to the preceding paragraph, Article 153 (including as applied mutatis mutandis pursuant to Article 199, paragraph (1)), and Article 199, paragraph (2)" in Article 82, paragraph (3) is deemed to be replaced with "Article 273, paragraph (2)"; the phrase "date for oral arguments, preparatory proceedings, or settlement (referred to below as a "proceeding date" in this Chapter)" in Article 261, paragraph (4) of that Code is deemed to be replaced with "date for proceedings for mediation of domestic relations"; the term "electronic record" in that paragraph is deemed to be replaced with "record"; and the phrase "must record" in that paragraph is deemed to be replaced with "must enter".

Where a litigation case or a case for adjudication of domestic relations is pending with regard to a case for which mediation may be conducted pursuant to the provisions of Article 244, a court may by its own authority refer the case to mediation of domestic relations at any time, while hearing the opinions of the parties (before a defendant or respondent makes statements on the merits, limited to a plaintiff or petitioner).

When referring a case to mediation pursuant to the provisions of the preceding paragraph, a court must have the case processed by the family court which has jurisdiction over the case; provided, however, that if a court finds it to be particularly necessary in order to process a case for mediation of domestic relations, it may have the case processed by a family court other than the family court which has jurisdiction over the case.

Notwithstanding the provisions of the preceding paragraph, when a family court and a high court refer a case to mediation pursuant to the provisions of paragraph (1), they may process the case for mediation of domestic relations by themselves.

When a family court or a high court conducts mediation through a mediation committee pursuant to the provisions of the preceding paragraph, the mediation committee is composed of a judge appointed by the court from among the judges assigned thereto, and two or more domestic relations mediation commissioners.

For the purpose of the application of the provisions of this Part in cases where a high court conducts mediation by itself pursuant to the provisions of paragraph (3): in the provisions of Article 244, Article 247, Article 248, paragraph (2), Article 254, paragraphs (1) through (4), Article 264, paragraph (2), Article 266, paragraph (4), the proviso to Article 268, paragraph (3), Article 269, paragraph (1), and the proviso to paragraph (1) and paragraph (2) of Article 272, as well as the provisions of the following Chapter and Chapter III, the term "family court" is deemed to be replaced with "high court"; in Article 244, Article 258, paragraph (1), Article 276, Article 277, paragraph (1), item (i), Article 279, paragraph (3), and Article 284, paragraph (1), the term "ruling" is deemed to be replaced with "judicial decision in lieu of a ruling"; in Article 267, paragraph (1), the term "a family court" is deemed to be replaced with "a high court"; in the provisions of the following Chapter, the phrase "ruling equivalent to an agreement" is deemed to be replaced with "judicial decision in lieu of a ruling equivalent to an agreement"; in the proviso to Article 272, paragraph (1) and the provisions of Chapter III (excluding the provisions of Article 286, paragraph (7)), the phrase "ruling in lieu of mediation" is deemed to be replaced with "judicial decision in lieu of a ruling in lieu of mediation"; and in Article 281 and Article 287, the phrase "ruling to dismiss" is deemed to be replaced with "judicial decision in lieu of a ruling to dismiss".

When a suit is pending with regard to a case for which a petition for mediation of domestic relations is filed, or a court before which a suit is pending refers the case to mediation pursuant to provisions of Article 257, paragraph (2) or paragraph (1) of the preceding Article, the court before which the suit is pending may suspend litigation proceedings until a case for mediation of domestic relations is closed.

When a case for adjudication of domestic relations is pending with regard to a case for which a petition for mediation of domestic relations is filed, or a court before which a case for adjudication of domestic relations is pending refers the case to mediation pursuant to the provisions of paragraph (1) of the preceding Article, the court before which the case for adjudication of domestic relations is pending may suspend proceedings for adjudication of domestic relations until a case for mediation of domestic relations is closed.

When a court before which a suit is pending has referred the case to mediation pursuant to the provisions of Article 257, paragraph (2) or Article 274, paragraph (1), and when mediation is successful or the ruling under the provisions of paragraph (1) of the following Article or Article 284, paragraph (1) becomes final and binding, it is deemed that an action relating to the suit has been withdrawn.

When a court before which a case for adjudication of domestic relations is pending has referred the case to mediation pursuant to the provisions of Article 274, paragraph (1), and when mediation is successful or the ruling set forth in Article 284, paragraph (1) becomes final and binding, the case for adjudication of domestic relations is closed.