Family Act Article 31

Where both parties have appeared on the date designated for the mediation session but the mediation did not yield a settlement, the court may, upon motion by one of the parties, order the case to be continued with the adjudicative procedure appropriate for the nature of the subject-matters; in such a circumstance the case shall be deemed to be brought to the court for adjudication from the date when the initiation for mediation was made. Nonetheless, the motion for postponement of the date for court session made by the other party shall be granted.Where a mediation brought by the parties by agreement did not yield a settlement, and when a applicant initiates the action within a peremptory period of ten day following the service of an unsuccessful mediation, such an action shall be deemed to be brought to the court for adjudication from the date when the initiation for mediation was made; the same applies to a request for application of the adjudicative procedure made prior to the service of an unsuccessful mediation.With regard to a situation where a party’s initiation of an action is deemed to be an initiation for mediation, where the mediation did not yield a settlement, except where the parties motion for postponement of the date for court session, the court shall order the case to be continued with the adjudicative procedure appropriate for the nature of the subject-matters. In such a circumstance, the case shall be deemed to be brought to the court for adjudication from the date when the original initiation of the action was made.Paragraphs 1, 2 and 3 of this Article do not apply to a situation where there exists a ruling done in accordance with Article 33 or Article 36.Representations or concessions made by the parties in the mediation proceedings may not be admitted as the basis for making a decision over an action initiated as a result of an unsuccessful mediation.Where representations or concessions provided in the preceding paragraph have resulted in a written agreement on the subject matters of the proceeding, the facts of the case, the evidence or other matters that are subject to the parties’ own disposition, the parties shall be bound by the agreement so reached. The foregoing does not apply to circumstances under which the parties agree on amending the said agreement, there exist reasons not imputable to the parties, or there are other circumstances that render such an agreement manifestly unfair.