ADR under the Hague Convention

Since April 1, 2016, the Fukuoka Bar Association Dispute Resolution Center (in this explanation referred to as the “Center”) has been providing mediation and other similar services to realize, by mutual agreement of the parties, the return of a child or a parent’s access to a child upon the occurrence of an international child’s removal or retention (in this explanation referred to as “ADR under the Hague Convention”).

The ADR under the Hague Convention is a service we have been commissioned to provide by the Ministry of Foreign Affairs based on the Convention on the Civil Aspects of International Child Abduction (in this explanation referred to as the “Hague Convention”) and the Act for Implementation of the Convention on the Civil Aspects of International Child Abduction (in this explanation referred to as the “Hague Convention Implementation Act”).

Eligible Person

In order to be eligible, one of the parties must be given the decision for assistance (the decision for assistance in a child’s return to a foreign country or the decision for assistance in a parent’s access to a child in Japan) made by the Minister of Foreign Affairs based on the Hague Convention and the Hague Convention Implementation Act. Both the person who requests the return of a child or access to a child and the person who is requested to return a child or to provide access to a child may make an application for the ADR under the Hague Convention.

In this connection, as a general rule, attorneys to represent the parties must be lawyers as recognized under the laws of Japan.

Languages Used

The ADR under the Hague Convention can be conducted in Japanese or in English. As you are permitted to use interpretation and translation services, you may be permitted to use another language.

Issues Addressed in Mediation

The ADR under the Hague Convention is a proceeding to form an agreement, through discussion between the parties, on the return of a child or a parent’s access to a child. When the parties agree to refer the dispute to an arbitrators’ decision, they can conduct arbitration with respect to the return of a child or a parent’s access to a child.

In conjunction with the return of a child or a parent’s access to a child, you can also discuss child-support payments or other relevant matters.

The party residing outside of Japan may come to the Center on the dates of mediation / arbitration sessions, or use an online video call system or international telephone to attend them.

How to Apply

When you make an application for an ADR under the Hague Convention, you must listen to the oral explanation about the “Fukuoka Bar Association Dispute Resolution Center’s Explanation of Summary” below. After completely understanding what is explained, please submit the necessary documents to the Center by mail or e-mail.

The documents you need to submit are described in the “Fukuoka Bar Association Dispute Resolution Center’s Explanation of Summary.”

Candidates for Mediators

The Center will select two mediators from the list of candidates for mediators / arbitrators (in principle, one male and one female). Alternatively, the parties may, by mutual agreement, select mediators of their choice.

Flow of Mediation Proceedings

Contact

Fukuoka Bar Association Dispute Resolution Center