Family Mediation in Cyprus – Procedure
To learn more about the purpose and principles of family mediation, the provisions relating to Registration in the Family Dispute Mediation Register, the mediator’s obligations in family disputes as well as the relevant family law provisions concerning the basic principles of Family Mediation in Cyprus you may click here.
Family Mediation in Cyprus: Appointing the Mediator
Regarding Family Mediation in Cyprus and the appointment of the Mediator, the Law stipulates that if the parties to a family dispute agree to resort to mediation to resolve their dispute, they may appoint a mediator from the Mediators Register.
If the parties cannot agree on the person responsible for their family mediation, then the mediation will not take place. The same applies if the mediator denies his appointment – something he can do without justifying his decision to the parties.
What should be included in the family mediation agreement?
Family Mediation in Cyprus should be agreed in writing and it should state the following:
- The manner in which the mediation process will be conducted;
- The duration of family mediation;
- The obligation to maintain the confidentiality of the process;
- The obligation to conduct discussions and negotiations within the framework of family mediation under a state of professional secrecy;
- The manner of determining the mediator’s remuneration, as well as the percentage of remuneration to be paid by each party to the mediation and the terms of payment of the mediator;
- Any other costs of the family mediation process; and
- Any other matter deemed necessary
Regardless of the terms of the agreement, any party may terminate the family mediation process at any time.
Family Mediation in Cyprus without the involvement of the Court
In case of family mediation in Cyprus, Article 16 of the Law explicitly provides that the parties may regulate or resolve their family dispute in whole or in part through the process of mediation, without having to attend a family court. This means that a dispute may be resolved without the involvement of the court.
Family Mediation with the involvement of the Court
According to the Law, the court before which a lawsuit is pending (the subject of which is a family dispute in Cyprus) may, at any stage of the proceedings before a decision is issued may, if it deems that the dispute between the parties has a likelihood of being resolved through family mediation, request from the parties to appear before it. At that stage the court informs the parties of the manner in which the mediation process will be conducted and of the possibility of resolving their family dispute through this procedure.
In order for the Court to decide whether the dispute before it is likely to be resolved by family mediation, the Court must consider whether:
(a) From the information before it, the case may contain elements of domestic violence,
(b) The mediation is in the best interests of the child.
If the dispute before the court concerns or affects a child in whole or in part, the court may, before deciding that the case may be appropriate for family mediation, request to hear the child or any of the children, depending on their age and degree of maturity,
(c) The parties communicate with each other and are willing to resolve their disputes through mediation.
Where the family dispute affects a child, the court may, if it deems necessary, set as a condition for the adjournment of the proceedings and referral of the parties to family mediation, the representation of the child in the mediation process, by the Commissioner for Children’s Rights or his/her representative. In case any of the parties does not agree with this condition, the court will not adjourn the court proceedings.
If the parties have already submitted their dispute to the court, they may choose to resolve it through mediation by applying to the Court before which the dispute is pending. In such a case, the Court adjourns the proceedings for a period not exceeding three months. The court may, on its own initiative or at the request of any of the parties, terminate the mediation process before the expiration of the specified period.
Family Mediation after a court order or judgement
Family mediation in Cyprus can take place even after the end of court proceedings.
This is the case when, after the end of court proceedings concerning a particular family dispute, another dispute arises over the execution of an order or judgement issued by the court in the course of the proceedings and there is a need to either amend this decree or determine how it will be executed. In such a case, the parties may proceed with family mediation by applying the provisions of the relevant Law.
The above information does not constitute legal advice.