19 FEBRUARY 2001. - Family Mediation Act under judicial proceedings (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. Section 665 of the Judicial Code is supplemented as follows:
"5° to the family mediation procedure. »
Art. 3. Article 671, paragraph 1^erthe same Code is supplemented as follows:
"Judicial assistance also covers costs in the context of the family mediation process. »
Art. 4. In section 692 of the same Code, the words "the fees and fees of the mediator in family matters designated in accordance with section 734bis" are inserted between the words "experts and investigations", and the words ", the cost of insertions".
The King shall take the necessary measures to apply Article 692 with respect to the family mediator.
Art. 5. In Article 696 of the same Code, the words ", to the family mediator designated in accordance with Article 734bis" are inserted between the word "experts" and the words "and witnesses".
Art. 6. It is included in Part IV, Book II, Title II, of the same Code, Chapter I^erbis, as follows:
“Chapter I^erbis. - Family mediation.
Art. 734bis. § 1^er. According to § 3, a family mediator may be appointed when the judge knows:
1° of related requests:
(a) chapters V and VI of title V, chapter IV of title VI and title IX of book I^er Civil Code;
(b) Vbis of Book III of the same Code;
2° requests made under sections I^re Chapter XI of Book IV of Part IV of this Code;
3° of claims arising from de facto cohabitation.
§ 2. The family mediator is appointed by the judge at the joint request of the parties or on his own initiative but with the agreement of the parties.
The judge may only designate a family mediator on whom the parties agree.
§ 3. The decision that a family mediator is designated is a decision before the right to the meaning of Article 19, paragraph 2.
The decision sets the date on which the case is handed over.
The Clerk shall promptly transmit the decision to the Family Ombudsman, the parties and their lawyers.
The family mediator shall notify the judge and the parties without delay of his acceptance or refusal.
§ 4. During the mediation process, each of the parties may bring the case back to the judge, by simple request to the court, or, where appropriate, by filing a finding to the court. The case is set at a hearing that takes place within fifteen days of the filing of the application or the conclusions.
The Registrar shall promptly and by simple letter inform the parties and their lawyers of the date on which the hearing will be held.
§ 5. At the latest at the hearing referred to in § 4, paragraph 2, the parties shall inform the judge of the outcome of the mediation.
In the event of disagreement, the parties may request a further delay or request that the proceedings be prosecuted.
In the event of a full or partial agreement and, where applicable, having received the advice of the Crown Prosecutor pursuant to the legal provisions, the judge shall verify whether the interests of the children are respected.
In the event of a full agreement, the parties shall, at the latest at the hearing, address the conclusions of the agreement signed by them.
In this case, the judge shall act the agreement in accordance with Article 1043.
In the event of a partial agreement, the parties shall give the judge, pursuant to paragraph 4, conclusions concerning the points on which an agreement has been reached.
In this case, the judge acts the partial agreement. For other disputed issues, parties may request a new period of time or request that the proceedings be prosecuted.
Art. 734ter. § 1^er. The King determines the way in which the family mediator will be retributed for his services, the way in which the family mediator taxes retribution and the way in which the parties are informed.
§ 2. The judge sets out the amount of the provision to be made on the remuneration of the mediator in family matters. The provision shall be borne by equal parts unless the parties decide otherwise.
Art. 734quater. § 1^er. No person may be appointed as a family mediator if he has not been approved for this purpose in the manner provided for by law.
§ 2. The King sets out the minimum accreditation criteria to be met by the family mediator. These criteria include specific training conditions. These may vary depending on the basic training already available to persons seeking their approval as a family mediator. The specific trainings required are organized by the authorities who issue the accreditation or at the request of the authorities.
§ 3. Can be approved as family mediators:
1° lawyers meeting the specific accreditation criteria established by the King and approved for this purpose by the institutions referred to in Article 488;
2° notaries meeting the specific approval criteria established by the King and approved for this purpose by the National Chamber of notaries;
3° other physical persons meeting the specific approval criteria established by the King and approved for this purpose by the competent authorities.
Art. 734quinquies. The family mediator may be challenged in accordance with articles 966, 970 and 971.
Art. 734sexies. The documents and communications made during a family mediation process are confidential. They may not be used in judicial, administrative or arbitral proceedings or in any other dispute resolution proceedings and are not admissible as evidence, even as an extrajudicial confession. The obligation of secrecy can only be waived with the agreement of the parties and the mediator on family matters to allow the judge to endorse the agreements reached.
In the event of a breach of this obligation of secrecy by one of the parties, the judge decides on the possible award of damages. Confidential documents that are nevertheless disclosed or on which a party is based in violation of the obligation of secrecy are deviated from the proceedings.
Without prejudice to the obligations imposed by the law, the family mediator cannot make public the facts of his or her work. He cannot be called as a witness by the parties in a civil or administrative procedure relating to the facts that he or she has become aware of during a family mediation.
Section 458 of the Criminal Code applies to the family mediator. »
Art. 7. In section 1017 of the same Code, insert the following paragraph between paragraph 3 and paragraph 4:
"The parties shall freely determine the distribution of the burden of retribution of the family mediation referred to in section 734ter. In the absence of an agreement, such remuneration shall be divided equally, unless the judge considers it to be required to decide otherwise, particularly in view of the situation of the parties. »
Art. 8. Article 1018, paragraph 1^erthe same Code is supplemented by a 7°, which reads as follows:
"7° the fees, emoluments and expenses of the family mediator designated in accordance with section 734bis. »
Art. 9. Section 1259 of the Code, repealed by the Act of 30 June 1994, is reinstated in the following wording:
"Art. 1259. The judge may have an application filed by the parties under section 1288bis.
In this case, the judge orders that the case be dismissed. The Registry shall determine the procedure for this request according to articles 1288ter et seq. »
Art. 10. Section 269 of the Code of Registration, Mortgage and Registry Rights, renumbered by the Act of 10 October 1967, replaced by the Act of 24 December 1993 and amended by the Act of 11 July 1994, is supplemented by the following paragraph:
"No right is perceived for the cause referred to in section 1259 of the Judicial Code. »
Art. 11. Within twelve months of the day on which the King has set the criteria for accreditation referred to in Article 734quater, § 2, lawyers and notaries who have benefited from a training organized by the institutions that are invested with a power of approval vis-à-vis them or at the request of them, may be designated as mediators in family matters.
Other natural persons may be designated as family mediators during the same period if they demonstrate that they have received training equivalent to that required during that period for lawyers or notaries.
Art. 12. This Act comes into force on the first day of the sixth month following the one in which it was published in the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 19 February 2001.
ALBERT
By the King:
Minister of Justice,
Mr. VERWILGHEN
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Note
(1) Special session 1999:
House of Representatives.
Parliamentary documents. - Bill of 9 September 1999 filed by Mr. Vandeurzen, Mr. Verherstraeten and Mr. Van Parys, No. 67/1.
Regular session 1999-2000:
Parliamentary documents. - Amendments, n^bones 67/2 to 10. - Report of 14 April 2000 by Mr. Bourgeois, No. 67/11. - Text adopted by the Commission, No. 67/12. - Erratum, no. 67/13. - Amendments, No. 67/14. - Text adopted in plenary and transmitted to the Senate, No. 67/15.
Annales parliamentarians. - Discussion and adoption. Sessions of May 3 and 4, 2000.
Senate.
Parliamentary documents. - Project transmitted by the House of Representatives, No. 2-422/1. - Amendments, No. 2-422/2. - Opinion of the Council of State, No. 2-422/3.
Regular session 2000-2001:
Parliamentary documents. - Amendments, n^bones 2-422/4 to 6. - Report of 23 November 2000 by Ms. Kaçar, No. 2-422/7. - Text adopted by the commission, No. 2-422/8. - Amendment, No. 2-422/9. - Text amended by the Senate and referred to the House of Representatives, No. 2-422/10.
Annales parliamentarians. - Discussion and adoption. Meeting of 30 November 2000.
House of Representatives.
Parliamentary documents. - Draft amended by the Senate, No. 67/16. - Amendments, n^bones 67/17 to 19. - Report of January 19, 2001 by Mr. Bourgeois, No. 67/20. - Text adopted by the Commission, No. 67/21. - Text adopted in plenary and referred to the Senate, No. 67/22.
Annales parliamentarians. - Discussion and adoption. Session of January 25, 2001.
Senate.
Parliamentary documents. - Draft revised by the House of Representatives, No. 2-422/11. - Report of 6 February 2001 by Ms. Kaçar, No. 2-422/12. - Text adopted by the Commission, No. 2-422/13. - Decision to join the draft revised by the House of Representatives, No. 2-422/14.
Annales parliamentarians. - Discussion and adoption. Session of February 8, 2001.