Draft Law "Changing Composition Commissions Cooperation, Prices, P


SAN MARINO


We the Captains Regent of the Most Serene Republic of San Marino

In view of article 4 of the Constitutional Law no.185 / 2005 and Article 6 of Qualified Law
186/2005;
Promulgate and publish the following ordinary law approved by the Great and General Council
its meeting on May 21, 2013:

LAW 29 May 2013 57


FAMILY MEDIATION
Art. 1

1. In order to ensure the full implementation of the provisions of article 12 of the
Declaration of the Rights of Citizens and Fundamental Principles of San Marino order,
in order to give practical effect to the provisions of the Convention on the Rights of child, ratified by Decree of 18 September 1991
n. 116 and promote the culture of parenting, it
recognizes the social function and the importance of family mediation and shall
regulate the profession of family mediator and to lay the educational process and the professional fields and
operating.

Art. 2

1. Family mediation is a process that supports and facilitates the reorganization of
family relations and, in particular, the sharing of parental responsibilities in view or
following the separation, dissolution and / or termination of the civil effects of the marriage, the next
statuite changing conditions during the separation and / or dissolution or termination
of the civil effects of marriage, termination of a parental relationship.
2. In particular, through family mediation, is offered to parents
the opportunity of a series of meetings during which the same, the presence of a neutral third party, the
family mediator, can groped to reach best possible agreements for the organization
child care after the disintegration of the family unit and that, in order to ensure the right natural
each child to maintain a stable relationship with both parents and to see
guaranteed the quality of its overall development path.

Art. 3

1. In order to ensure the effectiveness of the provisions of Articles 1 and 2 of this Act, the professional role of the family mediator is established
.
2. The family mediator is a qualified professional, neutral, independent and equidistant
by the parties, an expert in the theories and techniques of family mediation, as well as in
have extensive knowledge in law, psychology and sociology, with particular reference || | family relationships and parenting, which, on the request of parents, place, the guarantee of confidentiality
and in complete autonomy by the court, the following functions:
a) ensures that the draw parents first person a severance program
satisfactory for them and for their children, which must include in particular the terms of the care and upbringing of the children themselves
;
B) it facilitates communication and promotes the exercise by the parties involved of the common
parental responsibility;
C) supports the parties so that they can reach an agreement, lasting and mutually acceptable
, which is the result of the free consent of both.

Art. 4

1. After Article 110 of the Law 26 April 1986 n. 49 has introduced the following Article 110a:

"Article 110 bis
(Family Mediation)

The Law Commissioner, initiated the attempted reconciliation with negative results in
presence of minor children, invite the parties to contact a family mediator to acquire
information on the potential of a possible family mediation and, if there is interest,
to start it.
The family mediator is chosen by mutual agreement between the parties or, in case of disagreement, by
Law Commissioner.
If the parties decide to undertake a family mediation
the Law Commissioner will have a postponement of judgment up to three months, which may be extended
for a further three months.
The intervention of family mediation can be interrupted at any time by one or
by both parties with the sole obligation to provide motivation to the family mediator and under
bond of secrecy on the part of this' last.
If the intervention is concluded positively the parties, assisted by their respective lawyers, the Law Commissioner
will present the text of the agreement reached.
If unsuccessful the Law Commissioner will adopt the appropriate measures to
Article 111 of this Act, after obtaining the Ombudsman's statement

Proving the negative outcome of the mediation attempt.
If insurgents contrasts thereafter at each stage and level of separation judgment
or even after its conclusion or in any other proceedings concerning the
of minors, the Law Commissioner reports to the parties the opportunity to contact a family mediator
.
If the parties consent the Law Commissioner has a postponement of judgment
up to three months, which may be extended for another three months, pending completion of the
mediation. ".

Art. 5

1. After Article 110 bis of the Law 26 April 1986 n. 49, introduced by the previous Article 4
has introduced the following Article 110b:

"Art.110 ter
(Other cases of use of family mediation)

The Law Commissioner may invite the parties to make use of a broker familiar
in the presence of minor children, if it deems necessary, including the stage of editing
Decisions arising from legal separation and in all cases of interruption of the report of the parental couple
well as review of the rulings pronounced when
dissolution of marriage and termination of the civil effects. ".


Art. 6

1. The family mediator is usually a private practitioner. However, in order to ensure
access to the poor, appropriate delegated decree will establish the Public
Family Mediation Service.
2. By delegated decree will be established at the Secretariat of State for Justice, the Registry
family mediators Professional, which is made compulsory membership for all those who, in
meet the requirements established by this Law, wishing to pursue the profession of mediator family
. 3
. The delegated decree will regulate the procedures for registration and conduct of the profession, the
Code of Ethics of the family mediator, professional fees and award the supervisory tasks
on compliance with the Code and other obligations under the law, as well as the
competence on the adoption of possible sanctions.
4 The Institute for Social Security, with its regulations, is required to regulate the activities of family mediator
carried out by its staff within public facilities.
5. Family mediators who wish to enroll in the said registry must be
San Marino citizens or residents in the Republic and in possession of master degree in
Psychology, Law, Sociology, Social Services and Education, as well as a training || | specification certified by possession of a suitable university degree, as the master, specialization or
in family mediation training with the requirements set out in article 7 6
. The predicted to register Registration is available to an occupational family mediators that
have conducted training courses in Italy having the same requirements set out in article 7
.

Art. 7

1. The specialization courses aimed at obtaining the family mediator qualification
may be accomplished by bodies, institutions or public or private associations of clearly established competence.
2. Minimum requirements for the recognition of such courses should be the duration of not less
twelve months and the number of hours devoted to theoretical training not less than one hundred and eighty,
while the number of hours devoted to training on family mediation and the exercises no less than forty practices
. 3
. It locates in the Department of Education of the University of Studies of the Republic of San Marino
the body which require a binding opinion on the quality of the training courses
proposed by public and private entities in accordance with the criteria established by this law.


Art. 8

1. Without prejudice to the provisions of the current Criminal Procedure Code concerning the professional secrecy
the mediator is obliged to maintain absolute confidentiality regarding the
conduct, content and outcome of the mediation talks held, even where
mediation has been activated on the advice or send the judiciary. In order to prevent the findings
within the family mediation can be used instrumentally in
judgments of separation and / or dissolution or termination of the civil effects of marriage, the mediator may not be familiar
called to testify in court about the circumstances of the
mediation procedure done.
2. The family mediator may also be involved in different professional field in
judgment of separation by the court.

Art. 9


1. The family mediator is in a position of trust with respect to the parties and the Court.
2. In charging services and expenses, the family mediator must keep the total costs for
services and reasonable expenses and related to the complexity of the case. 3
. No commissions, discounts, or similar remuneration may be given or received by
mediator for sending customers to lawyers, psychotherapists or to other specialist services.
4. The mediator may not charge fees or link their fees in any way to
result of the mediation process.
5. During the session the initial orientation the family mediator must always communicate
promptly to customers its business model and the working methodology, as well as
own rates.
6. To ensure access to the service of family mediation to indigent citizens, pursuant
the first paragraph of Article 6 of this Act, the Public
Family Mediation Service will operate in the presence of income and equity conditions laid down by
delegated decree referred to in Article 6 of this Act.

Art. 10

1. With special delegated decree to be issued within three months of entry into force of this Act
they will be set up the Register of Family Mediators, the rate of private mediators
family, as well as the transitional arrangements to apply to all proceedings separation and / or
dissolution or termination of the civil effects of marriage and all proceedings relating to
object the protection of the child pending at the time of entry into force of this Act.

Art. 11

1. This Law shall enter into force on the fifth day following that of its legal publication
.


Our Residence, this day of 29 May 2013/1712 dFR


THE CAPTAINS REGENT
Antonella Mularoni - Denis Friends




THE SECRETARY OF STATE FOR INTERNAL AFFAIRS

Gian Carlo Venturini