Erik Demule | DELAGE-CRESPIN lawyers

Obligatory family mediation in experimentation

Order of 16 May 2013

The article 373-2-10 of the Civil Code precises that in case of parents’ disagreement on the exercise of the family authority, it can be possible to propose or enjoy them the measure of mediation:

“In the case of disagreement, the Judge attempts to reconcile the parties.

In order to facilitate the parents’ pursuit for a consensual exercise of the parental authority, the Judge, after retaining their agreement, can propose them the measure of mediation and appoint a family mediator to proceed.

He can enjoin them to meet a family mediator who will inform them on the object and the proceeding of this measure.”

The measures of injunction application are anticipated by the decree n 2010-139 of the 12th November 2010 related to mediation and judicial activity in the family matter that in its 1st Chapter related to the experimentation of certain modes of setting-up of the injunction to meet the mediator provides:

The article 1 “For application of the third paragraph of the article 373-2-10 of the Civil Code, the parties are informed on the Judge decision to enjoin them a family mediator to meet, either by post, or at the hearing. The name of the family mediator, or of the family mediation association, as well as the place, day and hour of meeting are indicated for the parties. When the decision is sent by post, it is besides reminds them of the date of the hearing when the case will be examined. During this hearing, the Judge approves if necessary the intervened agreement; in the absence of agreement or official approval, he settles the dispute.”

The article 2 precises that the provisions of the 1st article apply experimentally, until the 31 December 2013, in the Courts of first instance appointed by the Minister of Justice.

An order of 16 May 2013 appoints the Courts that are authorized to experiment certain modes of setting-up of injunction to meet the family mediator.

This order precises that the Courts of first instance in Bordeaux and Arras are appointed to set-up mediation measures experimentally and for the duration fixed by law.