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Part III Proceedings for Mediation of Domestic Relations第三編 家事調停に関する手続
Chapter I General Provisions第一章 総則
Section 1 General Rules第一節 通則
Article 244第二百四十四条
Matters Subject to Mediation(調停事項等)
Article 244, paragraph (1)
A family court mediates litigation cases regarding personal status and other cases regarding family affairs (excluding the cases regarding the matters set forth in Appended Table 1), and also adjudicates these cases as provided for in this Part.
A case for a mediation of domestic relations is subject to the jurisdiction of the family court which has jurisdiction over the place of domicile of a respondent or a family court determined by agreement between the parties.
The provisions of Article 11, paragraphs (2) and (3) of the Code of Civil Procedure apply mutatis mutandis to the agreement set forth in the preceding paragraph.
民事訴訟法第十一条第二項及び第三項の規定は、前項の合意について準用する。
Article 245, paragraph (3)
The provisions of Article 191, paragraph (2) and Article 192 apply mutatis mutandis to a mediation case for the division of an estate (meaning a mediation case regarding the matters set forth in Appended Table 2, row (12)) and a mediation case for a disposition to determine an heir's amount of contribution (meaning a mediation case regarding the matters set forth in Appended Table 2, row (14)). In this case, the term "preceding paragraph" in Article 191, paragraph (2) is deemed to be replaced with "Article 245, paragraph (1)".
Transfer to a District Court or Summary Court(地方裁判所又は簡易裁判所への移送)
Article 246, paragraph (1)
When a family court receives a petition for the mediation of a case other than cases that it may mediate pursuant to the provisions of Article 244, it transfers the case to a district court or summary court which has jurisdiction over the case by its own authority.
When a family court receives a petition for the mediation of a case that it may mediate pursuant to the provisions of Article 244, and when it finds it to be necessary in order to process the case, it may transfer the whole or part of the case to a district court or summary court which has jurisdiction over the case by its own authority.
Notwithstanding the provisions of the preceding two paragraphs, when the family court finds it to be particularly necessary in order to process a case, it may transfer the case to a district court or summary court (limited to a court which has subject-matter jurisdiction) other than the district court or summary court which has jurisdiction over the case.
The provisions of Article 9, paragraphs (3) through (5) apply mutatis mutandis to a decision of transfer under the provisions of the preceding three paragraphs.
第九条第三項から第五項までの規定は、前三項の規定による移送の裁判について準用する。
Article 247第二百四十七条
Mediation Bodies(調停機関)
Article 247, paragraph (1)
A family court mediates a case through a mediation committee; provided, however, that when a family court finds it to be appropriate, mediation may be conducted by a judge alone.
Upon the petition of a party, the family court must mediate a case through a mediation committee, notwithstanding the provisions of proviso to the preceding paragraph.
Domestic relations mediation commissioners serve part-time, and the necessary matters concerning their appointment and dismissal are specified by the Rules of the Supreme Court.
家事調停委員は、非常勤とし、その任免に関し必要な事項は、最高裁判所規則で定める。
Article 249, paragraph (2)
Domestic relations mediation commissioners are paid an allowance as separately provided by law, and also are paid travel expenses, a daily allowance, and accommodation fees as specified by the Rules of the Supreme Court.
when the domestic relations mediator comes to fall under any of the items of Article 7 of the Attorneys Act (Act No. 205 of 1949);
弁護士法(昭和二十四年法律第二百五号)第七条各号のいずれかに該当するに至ったとき。
Article 250, paragraph (5), item (ii)
when the domestic relations mediator is found to be mentally or physically incompetent to perform duties; or
心身の故障のため職務の執行ができないと認められたとき。
Article 250, paragraph (5), item (iii)
when the domestic relations mediator is found to have breached the mediator's obligations in the course of their duties or committed any other misconduct so as to render the mediator unfit to serve as a domestic relations mediator.
職務上の義務違反その他家事調停官たるに適しない非行があると認められたとき。
Article 250, paragraph (6)
Beyond what is provided for in this Act, the necessary matters concerning the appointment and dismissal of a domestic relations mediator are specified by the Rules of the Supreme Court.
この法律に定めるもののほか、家事調停官の任免に関し必要な事項は、最高裁判所規則で定める。
Article 251第二百五十一条
Powers of Domestic Relations Mediators(家事調停官の権限等)
Article 251, paragraph (1)
A domestic relations mediator handles a case for mediation of domestic relations, as designated by the court.
家事調停官は、家庭裁判所の指定を受けて、家事調停事件を取り扱う。
Article 251, paragraph (2)
A domestic relations mediator may, in the course of processing a case for mediation of domestic relations that the mediator handles, exercise the powers to be exercised by a family court, a judge, or the presiding judge in connection with the processing of a case for mediation of domestic relations as provided in this Act.
A domestic relations mediator performs their authority independently.
家事調停官は、独立してその職権を行う。
Article 251, paragraph (4)
A domestic relations mediator may, when exercising their powers, give a necessary order concerning the mediator's duties to a court clerk, a family court investigating officer, and a technical official of the court who is a physician. In this case, the provisions of Article 60, paragraph (5) of the Court Act (Act No. 59 of 1947) apply mutatis mutandis to a court clerk who has received an order from a domestic relations mediator.
A domestic relations mediator is paid an allowance as separately provided for by law, and also is paid travel expenses, a daily allowance, and accommodation charges as specified by the Rules of the Supreme Court.
Article 252, paragraph (1)(手続行為能力)(Capacity to Participate in Proceedings)Changed
In the mediation cases set forth in the following items (in items (i) and (ii), excluding cases which seek the provision of property benefits), the persons specified respectively in these items may participate in proceedings themselves, not through their legal representative, notwithstanding the provisions of Article 31 of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 17, paragraph (1). The same applies when the person is a person under curatorship or a person under assistance (limited to a person under assistance who is required to obtain consent from the assistant for performing procedural acts) and the person has not obtained consent from the curator or supervisor of the curator or the assistant or supervisor of the assistant:
a mediation case for a disposition regarding cooperation and mutual assistance between a husband and wife (meaning a mediation case regarding the matters set forth in Appended Table 2, row (1); the same applies in Article 258, paragraph (3)):a husband and wife;
a mediation case for a disposition regarding the custody of a child (meaning a mediation case regarding the matters set forth in Appended Table 2, row (3); the same applies in Article 258, paragraph (3)):a child;
a mediation case for the designation of a person who is to have parental authority over an adopted child after the dissolution of an adoptive relationship (meaning a mediation case regarding the matters set forth in Appended Table 2, row (7)):the adopted child and the child's parents and adoptive parents;
a mediation case for the designation or change of a person who has parental authority (meaning the mediation case regarding the matters set forth in Appended Table 2, row (8)):the child and the child's parents; and
親権者の指定又は変更の調停事件(別表第二の八の項の事項についての調停事件をいう。) 子及びその父母
Article 252, paragraph (1), item (v)(手続行為能力)
a mediation case for the designation of a person exercising parental authority alone (meaning a mediation case regarding the matters set forth in Appended Table 2, row (8-2)):the child and the child's parents; and
親権行使者の指定の調停事件(別表第二の八の二の項の事項についての調停事件をいう。) 子及びその父母
Article 252, paragraph (1), item (vi)(手続行為能力)
a mediation case regarding a matter against which an action concerning personal status prescribed in Article 2 of the Personal Status Litigation Act (simply referred to as an "action concerning personal status" in Article 277, paragraph (1)) may be filed:a person who may participate in proceedings when the provisions of Article 13, paragraph (1) of the Act are applied.
Article 252, paragraph (2)(手続行為能力)(Capacity to Participate in Proceedings)Changed
Notwithstanding the provisions of Article 18, in the mediation cases set forth in items (i), (iii), and (iv) of the preceding paragraph (as for the mediation case set forth in item (i) of the paragraph, excluding a case to seek the provision of a property benefit), a person who exercises parental authority or a guardian , a guardian of a minor or a specified assistant may not make an agreement under Article 268, paragraph (1), accept the proposed terms of a mediation prescribed in Article 270, paragraph (1), or file a joint notification under Article 286, paragraph (8), on behalf of the persons specified respectively in these items. The same applies to a guardian specified assistant of a husband and wife in a mediation case regarding a divorce, and to a guardian specified assistant of an adoptive parent, a person who exercises parental authority over an adopted child (limited to a child of 15 years of age or older; hereinafter the same applies in this paragraph), and a guardian of a minor or a specified assistant of an adopted child in a mediation case regarding the dissolution of an adoptive relationship.
A court clerk must, as provided by the Rules of the Supreme Court, prepare an electronic record regarding a date for proceedings for mediation of domestic relations; provided, however, that this does not apply if the presiding judge finds it to be unnecessary to prepare the record.
Inspection, etc. of a Hard-Copy Record of a Case for Mediation of Domestic Relations(非電磁的家事調停事件記録の閲覧等)
Article 254, paragraph (1)
A party or a third party who has made a prima facie showing of interest may, with permission from the family court, make a request to a court clerk for the inspection or copying of, or the issuance of an authenticated copy, transcript or extract of, a hard-copy record of a case for mediation of domestic relations (meaning the part of the record of a case for mediation of domestic relations excluding the electronic or magnetic record of a case for mediation of domestic relations prescribed in paragraph (1) of the following Article; the same applies hereinafter in this Article).
The provisions of the preceding paragraph do not apply to audio tape, etc. in a hard-copy record of a case for mediation of domestic relations. In this case, a party or a third party who has made a prima facie showing of interest may, with the permission of the family court, make a request to a court clerk for the reproduction of these objects.
When a petition for permission under the provisions of the preceding two paragraphs is filed by a party or a third party who has made a prima facie showing of interest (excluding the case prescribed in paragraph (6)), the family court may grant permission when it finds it to be appropriate.
Notwithstanding the provisions of paragraphs (1) and (2), a party may make a request to a court clerk, without permission from the family court, for the inspection or copying of, the issuance of an authenticated copy, transcript or extract of, or the reproduction of, a paper document, etc. or audio tape, etc. that the party has submitted, in a hard-copy record of a case for mediation of domestic relations. The same applies to the paper document or recording medium in the case where, with regard to the matters set out in paragraph (4), item (iii) or (iv) of the following Article, a measure has been taken to output the contents onto a paper document or to record them on another recording medium pursuant to the provisions of Article 133-2, paragraph (5) of the Code of Civil Procedure as applied mutatis mutandis by replacing certain terms and phrases pursuant to Article 38-2.
A request for the inspection, copying or reproduction of a hard-copy record of a case for mediation of domestic relations may not be made if these acts would interfere with the preservation of the hard-copy record of a case for mediation of domestic relations or with the performance of the duties of the court or mediation committee.
When a petition for permission under the provisions of paragraph (1) or (2) is filed by a party in a mediation case regarding the matter prescribed in Article 277, paragraph (1), the provisions of Article 47, paragraphs (3), (4), and (8) through (10) apply mutatis mutandis.
The day a law or an amendment starts to apply. It is often months or years after promulgation, so that people have time to prepare. The Ministry of Justice's English usually says a law "comes into force" or "comes into effect", and sometimes calls the day its "enforcement date". Its "enforcement" more often means the word's other sense, carrying a law out, as in an Order for Enforcement (施行令), the Cabinet Order (政令) that sets out the details for carrying out an Act.
Rules made by the Cabinet to carry out the Constitution and Acts. A Cabinet Order cannot impose duties, restrict rights or set penalties unless an Act delegates that to it.
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
A family court conciliates litigation cases regarding personal status and other cases regarding family affairs (excluding the cases regarding the matters set forth in Appended Table 1), and also adjudicates these cases as provided for in this Part.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 34 of 2019 (令和元年法律第三十四号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
A case for a conciliation of domestic relations is subject to the jurisdiction of the family court which has jurisdiction over the place of domicile of a respondent or a family court determined by agreement between the parties.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 34 of 2019 (令和元年法律第三十四号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
The provisions of Article 191, paragraph (2) and Article 192 apply mutatis mutandis to a conciliation case for the division of an estate (meaning a conciliation case regarding the matters set forth in Appended Table 2, row (12)) and a conciliation case for a disposition to determine an heir's amount of contribution (meaning an adjudication case regarding the matters set forth in Appended Table 2, row (14)). In this case, the term "preceding paragraph" in Article 191, paragraph (2) is deemed to be replaced with "Article 245, paragraph (1) ".
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 34 of 2019 (令和元年法律第三十四号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
When a family court receives a petition for the conciliation of a case other than cases that it may conciliate pursuant to the provisions of Article 244, it transfers the case to a district court or summary court which has jurisdiction over the case by its own authority.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 34 of 2019 (令和元年法律第三十四号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
When a family court receives a petition for the conciliation of a case that it may conciliate pursuant to the provisions of Article 244, and when it finds it to be necessary in order to process the case, it may transfer the whole or part of the case to a district court or summary court which has jurisdiction over the case by its own authority.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 34 of 2019 (令和元年法律第三十四号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
Notwithstanding the provisions of the preceding two paragraphs, when the family court finds it to be particularly necessary in order to process a case, it may transfer the case to a domestic court or summary court (limited to a court which has subject-matter jurisdiction) other than the domestic court or summary court which has jurisdiction over the case.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 34 of 2019 (令和元年法律第三十四号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
The provisions of Article 9, paragraphs (3) through (5) apply mutatis mutandis to a decision of transfer under the provisions of preceding three paragraphs.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 34 of 2019 (令和元年法律第三十四号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
A family court conciliates a case through a conciliation committee; provided, however, that when a family court finds it to be appropriate, a case may be conciliated by a judge alone.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 34 of 2019 (令和元年法律第三十四号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
Upon the petition of a party, the family court must conciliate a case through a conciliation committee, notwithstanding the provisions of proviso to the preceding paragraph.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 34 of 2019 (令和元年法律第三十四号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
Domestic relations conciliation commissioners serve part-time, and the necessary matters concerning their appointment and dismissal are specified by the Rules of the Supreme Court.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 34 of 2019 (令和元年法律第三十四号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
Domestic relations conciliation commissioners are paid an allowance as separately provided by law, and also are paid travel expenses, a daily allowance, and accommodation fees as specified by the Rules of the Supreme Court.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 34 of 2019 (令和元年法律第三十四号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
A domestic relations conciliator will not be dismissed during the conciliator's term of office, except in any of the cases listed in the following items:
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 34 of 2019 (令和元年法律第三十四号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
when the domestic relations conciliator is found to have breached the conciliator's obligations in the course of their duties or committed any other misconduct so as to render the conciliator unfit to serve as a domestic relations conciliator.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 34 of 2019 (令和元年法律第三十四号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
Beyond what is provided for in this Act, the necessary matters concerning the appointment and dismissal of a domestic relations conciliator are specified by the Rules of the Supreme Court.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 34 of 2019 (令和元年法律第三十四号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
A domestic relations conciliator may, in the course of processing a case for conciliation of domestic relations that the conciliator handles, exercise the powers to be exercised by a family court, a judge, or the presiding judge in connection with the processing of a case for conciliation of domestic relations as provided in this Act.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 34 of 2019 (令和元年法律第三十四号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
A domestic relations conciliator may, when exercising their powers, give a necessary order concerning the conciliator's duties to a court clerk, a family court investigating officer, and a technical official of the court who is a physician. In this case, the provisions of Article 60, paragraph (5) of the Court Act (Act No. 59 of 1947) apply mutatis mutandis to a court clerk who has received an order from a domestic relations conciliator.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 34 of 2019 (令和元年法律第三十四号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
A domestic relations conciliator is paid an allowance as separately provided for by law, and also is paid travel expenses, a daily allowance, and accommodation charges as specified by the Rules of the Supreme Court.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 34 of 2019 (令和元年法律第三十四号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
In the conciliation cases set forth in the following items (in items (i) and (ii), excluding cases which seek the provisions of property benefits), the persons specified respectively in these items may participate in proceedings themselves, not through their legal representative, notwithstanding the provisions of Article 31 of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 17, paragraph (1). The same applies when the person is a person under curatorship or a person under assistance (limited to a person under assistance who is required to obtain consent from the assistant for performing procedural acts) and the person has not obtained consent from the curator or supervisor of the curator or the assistant or supervisor of the assistant:
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 34 of 2019 (令和元年法律第三十四号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
a conciliation case for the designation of a person who is to have parental authority over an adopted child after the dissolution of an adoptive relationship (meaning a conciliation case regarding the matters set forth in Appended Table 2, row (7)):the adopted child and the child's parents and adoptive parents;
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 34 of 2019 (令和元年法律第三十四号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
a conciliation case for the designation or change of a person who has parental authority (meaning the conciliation case regarding the matters set forth in Appended Table 2, row (8)):the child and the child's parents; and
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 34 of 2019 (令和元年法律第三十四号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
a conciliation case regarding a matter against which an action concerning personal status prescribed in Article 2 of the Personal Status Litigation Act (simply referred to an "action concerning personal status" in Article 277, paragraph (1)) may be filed:a person who may participate in proceedings when the provisions of Article 13, paragraph (1) of the Act is applied.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 34 of 2019 (令和元年法律第三十四号)
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
Notwithstanding the provisions of Article 18, in the conciliation cases set forth in items (i), (iii), and (iv) of the preceding paragraph (as for the conciliation case set forth in item (i) of the paragraph, excluding a case to seek provisions of a property benefit), a person who exercises parental authority or a guardian may not make an agreement under Article 268, paragraph (1), accept the proposed terms of a conciliation prescribed in Article 270, paragraph (1), or file a joint notification under Article 286, paragraph (8), on behalf of the persons specified respectively in these items. The same applies to a guardian of a husband and wife in a conciliation case regarding a divorce, and to a guardian of an adoptive parent, a person who exercises parental authority over an adopted child (limited to a child of 15 years of age or older; hereinafter the same applies in this paragraph), and a guardian of an adopted child in a conciliation case regarding the dissolution of an adoptive relationship.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 34 of 2019 (令和元年法律第三十四号)
Machine translation, corrected on review, not official
English translation
Written for this site with AI
Corrected by this site
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
When a petition for permission under the provisions of paragraph (1) or (2) is filed by a party in a conciliation case regarding the matter prescribed in Article 277, paragraph (1), the provisions of Article 47, paragraphs (3), (4), and (8) through (10) apply mutatis mutandis.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 34 of 2019 (令和元年法律第三十四号)