Domestic Relations Case Procedure Act

When mediation is unsuccessful and when the family court finds it to be appropriate, it may make a necessary ruling for the resolution of a case (hereinafter referred to as a "ruling in lieu of mediation") by its own authority, giving consideration to equity in the interests of both parties and taking into account all relevant circumstances; provided, however, that this does not apply in proceedings for mediation of domestic relations regarding the matters prescribed in Article 277, paragraph (1).

When proceedings for mediation of domestic relations are conducted by a mediation committee, and when the family court makes a ruling in lieu of mediation, the family court must hear the opinions of the domestic relations mediation commissioners who compose the mediation committee.

In a ruling in lieu of mediation, the family court may order a party to surrender custody of a child, pay money, or provide any other economic benefit or perform any other act.

Notwithstanding the provisions of Article 273, paragraph (1), a petition for mediation of domestic relations may not be withdrawn after a ruling in lieu of mediation is made.

Notice of a ruling in lieu of mediation may not be effected by service through publication.

When it is impossible to give notice of a ruling in lieu of mediation, the family court must revoke the ruling.

A party may file an objection with a family court with regard to a ruling in lieu of mediation.

The provisions of Article 279, paragraphs (2) through (4) apply mutatis mutandis to an objection filed under the provisions of the preceding paragraph.

A family court must dismiss an objection filed under paragraph (1) when it is unlawful.

An objector may file an immediate appeal against a ruling to dismiss the objector's objection pursuant to the provisions of the preceding paragraph.

When a lawful objection is filed, a ruling in lieu of mediation ceases to be effective. In this case, the family court must give notice to that effect to the parties.

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

When a ruling in lieu of mediation regarding any of the matters set forth in Appended Table 2 has ceased to be effective pursuant to the provisions of paragraph (5), it is deemed that a petition for adjudication of domestic relations regarding the matter has been filed at the time of the filing of the petition for mediation of domestic relations.

The provisions of paragraph (1) do not apply when the parties file a joint notification that they will be subject to a ruling in lieu of mediation in proceedings for mediation of domestic relations pertaining to the petition (excluding mediation of domestic relations regarding divorce or the dissolution of an adoptive relationship).

The joint notification set forth in the preceding paragraph must be filed in writing.

A party may revoke a joint notification set forth in paragraph (8) only before notice of a ruling in lieu of mediation is given. In this case, the party is not to be required to obtain the consent of the other party.

If no objection is filed under the provisions of paragraph (1) of the preceding Article, or a ruling to dismiss an objection becomes final and binding, a ruling in lieu of mediation regarding any of the matters set forth in Appended Table 2 has the same effect as a final and binding ruling made under the provisions of Article 39, and a ruling in lieu of mediation regarding other matters has the same effect as a final and binding judgment.