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Trials - Family trial

Family trials are trials relating to disputes among family and relatives, and also to general matters relating to families.

Some of the examples of family trials are: Judicial divorce, annulment of marriage, paternity suits, compensation damages suit resulting from divorce, waiver of rights of inheritance, distribution of assets, child custody, distribution of inheritance, etc. These family disputes may be resolved through judgment, adjudication and mediation. In principle, family litigation matters such as judicial divorce or compensation damages suit resulting from divorce and family non-litigation cases such as child custody and distribution of inheritance must undergo a mediation process before they are submitted to trial. Mediation is undertaken by a mediation committee consisting of a judge in charge of such mediation at the court where litigation is pending, or one judge and two or more mediation committee members. Each year, the presiding judge of the family court or the branch court commissions lawyers, doctors, social workers, psychologists, or any other people with knowledge and respect as mediation committee members.

The family mediation, in principle, shall proceed undisclosed with the parties in attendance. If the mediation is successful and such fact is written in the mediation statement, it has the same effect as a settlement through a trial. In the event deemed necessary by the family court, the family court may take measures including but not limited to ordering the related parties for modification of circumstances or prohibition of disposal. Also, the family court may order those who have failed to comply with financial obligations, or those who have failed to deliver a child to the other party, to carry out their obligations within a given period of time in accordance with the confirmed decision.