If there is a miscalculation, clerical error, or any other clear error similar thereto in the record of a mediationcontents of an electronic record recorded in a file pursuant to the provisions of paragraph (1) of the preceding Article, a family court may, upon petition or by its own authority, make a ruling of correction at any time.
第二百六十九条第二項(調停に係る電子調書の更正決定)改正
更正決定は、裁判最高裁判所規則で定めるところにより、電子決定書を作成してしなければならない。
A ruling of correction must be made by preparing a written judgment, as prescribed by the Rules of the Supreme Court, by preparing an electronic written order.
第二百六十九条第三項(調停に係る電子調書の更正決定)
更正決定に対しては、即時抗告をすることができる。
An immediate appeal may be filed against a ruling of correction.
第二百六十九条第四項(調停に係る電子調書の更正決定)
第一項の申立てを不適法として却下した決定に対しては、即時抗告をすることができる。
An immediate appeal may be filed against an order to dismiss the petition set forth in paragraph (1) as unlawful.
第二百七十条
(調停条項案の書面による受諾)Acceptance of Proposed Terms of Mediation in Writing
When it is found to be difficult for a party to appear due to living in a remote place or on any other groundsone of the parties to appear, 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 paragraph, 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.
When it is found to be difficult for both parties to appear, if both parties have submitted a document stating that they accept the proposed terms of mediation presented in advance by the mediation committee with the date and time at which mediation is to be successful specified, and that date and time has passed, it is deemed that an agreement has been reached between the parties at that date and time.
第二百七十条第三項(調停条項案の書面による受諾)改正
前項二項の規定は、離婚又は離縁についての調停事件については、適用しない。
The provisions of the preceding paragraphtwo paragraphs do not apply to a mediation case regarding divorce or dissolution of an adoptive relationship.
第五節 調停の成立によらない事件の終了
第二百七十一条
(調停をしない場合の事件の終了)Closing of Cases Without Conducting Mediation
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.
第二百七十二条
(調停の不成立の場合の事件の終了)Closing of Cases due to Unsuccessful 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.
第二百七十三条
(家事調停の申立ての取下げ)Withdrawal of Petitions for Mediation of Domestic Relations
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)"; and 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 254-2, paragraphs (1) through (4), Article 254-3, paragraphs (2) and (3), 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".
第二百七十五条
(訴訟手続及び家事審判の手続の中止)Suspension of Litigation Proceedings and Proceedings for Adjudication of Domestic Relations
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.
第二百七十六条
(訴えの取下げの擬制等)Constructive Withdrawal of an Action, etc.
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.