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.
This advanced training for international family mediators will be conducted in English and will consist of presentations, discussions, and practical exercises. The following topics will be covered:
- Principles and Structure of mediation
- MiKK’s 4B model
- Tools and Methodologies
- Legal framework and specifics of mediating Hague Convention cases
- Handling bilingualism in mediations
- The voice of the child, children’s rights, and the wellbeing of children
- Dilemma situations
- Drafting a Memorandum of understanding (MOU), Enforceability of mediated agreements
Christian von Baumbach
Mediator (BM, BAFM, SIMI), Cross-Border Family Mediator (MiKK), Trainer for Mediation and Intercultural Communication (MiKK, Euro-FH, Osaka University).
Christoph C. Paul (online)
Lawyer and Notary (rtd). Founder and Patron of MiKK. Mediator in the field of Family, Succession and Inheritance. Paul & Partner, Berlin.
Dr. Eva Schwittek (online)
Lawyer, Notary and Mediator (BM, BAFM). Conducted a research project at Kyoto University, 2006 - 2007, and Tokyo University, 2009. Mediator Qualified at Heidelberg Institute for Mediation, 2014.
Fee: 38.000 Yen (for all three days)
Deadline for payment: before December 24th, 2022.
Please find more information and the link for registration via http://www.law.osaka-u.ac.jp/mifa/english.html and in the attached PDF document.
Osaka University MIFA Project