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.
第二項
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。
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.
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)".
第二百四十六条
(地方裁判所又は簡易裁判所への移送)Transfer to a District Court or Summary Court
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.
第四項
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。
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.
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.
第二百四十八条
(調停委員会)Mediation Committee
第一項
調停委員会は、裁判官一人及び家事調停委員二人以上で組織する。
A mediation committee is composed of a judge and two or more domestic relations mediation commissioners.
第二項
調停委員会を組織する家事調停委員は、家庭裁判所が各事件について指定する。
Domestic relations mediation commissioners who compose a mediation committee are designated by a family court for each case.
第三項
調停委員会の決議は、過半数の意見による。可否同数の場合には、裁判官の決するところによる。
A resolution of a mediation committee is adopted by a majority opinion. In the event of a tie, a judge is to decide on the matter.
第四項
調停委員会の評議は、秘密とする。
Deliberations of mediation committees are confidential.
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.
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.
第二百五十条
(家事調停官の任命等)Appointment of Domestic Relations Mediators
第一項
家事調停官は、弁護士で五年以上その職にあったもののうちから、最高裁判所が任命する。
A domestic relations mediator is appointed by the Supreme Court from among attorneys who have been in practice for not less than five years.
第二項
家事調停官は、この法律の定めるところにより、家事調停事件の処理に必要な職務を行う。
A domestic relations mediator performs the duties necessary for processing mediation cases, as provided for by this Act.
第三項
家事調停官は、任期を二年とし、再任されることができる。
A domestic relations mediator holds office for two years, and may be reappointed.
第四項
家事調停官は、非常勤とする。
A domestic relations mediator serves on a part-time basis.
A domestic relations mediator will not be dismissed during the mediator's term of office, except in any of the cases listed in the following items:
一
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。
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);
二
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。
when the domestic relations mediator is found to be mentally or physically incompetent to perform duties; or
三
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。
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.
第六項
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。
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.
第二百五十一条
(家事調停官の権限等)Powers of Domestic Relations Mediators
第一項
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。
A domestic relations mediator handles a case for mediation of domestic relations, as designated by the court.
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.
第三項
家事調停官は、独立してその職権を行う。
A domestic relations mediator performs their authority independently.
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.
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;
第二百五十二条第一項第四号(手続行為能力)
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
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
第二百五十二条第一項第五号(手続行為能力)
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
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
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.
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.
第二百五十四条
(非電磁的家事調停事件記録の閲覧等)Inspection, etc. of a Hard-Copy Record of a Case for Mediation of Domestic Relations
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.