MIFA PROJECT aims to propose the Japanese style of the ideal international family mediation system. This system is different from domestic relations conciliation (Kajichotei) in Japanese family court but based on family mediation developed in Europe and America. In recent years, international family mediation of non-governmental ADR institute has been introduced into Japan, for promoting "amicable resolution" of return of the child and right of access issues in according with The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (entry into force in Japan in 2014).
However, problems relating to the application of international family mediation to Hague Convention cases arise. For example, (1) court of the State where a child is has no jurisdiction on parental rights or custody issues. Since (2) private international law of the original residence State is applied to return of child and right of access, (3) there is a high risk that settlement unpermitted under the applicable law may be achieved in international family mediation. (4) Problems relating to procedure in foreign language arise. (5) Issues about the qualification of mediators arise.
The primary purpose of our study is to identify the problems in private international law and civil procedure which arise in international family mediation and to find their solutions in comparative law. At the same time, we make efforts to popularize family mediation in Japan by holding family mediation training and symposiums.
On this website, we announce a schedule of training and symposia.
Two training courses, International Family Mediation Training: Basic Course and Mikk Training for Cross-Border Family Mediation, will be held as follows. Course fees will be charged to all participants.
◆Basic Course : 19/01/2024 – 21/01/2024 (3 days)
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Application Form can be downloaded here.
◆CBFM : 26/01/2024 – 28/01/2024 (3 days)
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Application Form can be downloaded here.
May-August, 2016 at Osaka
Contents:
1. Introduction / 2. Cross-border child abduction / 3. Communication with parties to dispute (1) / 4. Communication with parties to dispute (2) / 5. Communication with children / 6. Mediation in a private organization / 7. Dispute resolution in multiple languages / 8. Cross-border family mediation in Germany / 9. Mediation practice / 10. The role of central authorities under the 1980 Hague Convention / 11. Family law in comparative perspective (1) / 12. Family law in comparative perspective (2) / 13. Private international law