Attendance by both spouses at divorce mediation sessions in Japan is generally mandatory. While it is possible for a lawyer to make an appearance as the legal representative of a spouse, the spouses need to be present in person at the first session and the last session (when the divorce agreement will be certified). Spouses are highly encouraged to attend all sessions because negotiating without one spouse present makes the mediation much less effective. Therefore, many divorcing couples are concerned about where the divorce mediation will be held.
Divorce mediation sessions are held at the couple’s local family court. However, if the couple lives far away from each other, mediation sessions will be held at the court closest to the spouse who is responding to the divorce. This rule disadvantages the spouse who files for divorce in cases where the spouses live in different areas. In some cases, this could mean that the spouse who filed for divorce must travel a considerable distance in order to attend mediation sessions. Traveling long distances to an unfamiliar courthouse can be difficult and tiring and often requires taking time away from work or other responsibilities. Therefore, it is advisable to seek local legal counsel whenever possible to streamline the case and reduce the level of stress involved.
Every family court is different but, mos mediation sessions are usually conducted in a small room with a table and chairs. The two mediators will sit on one side of the table and one of the divorcing spouses will sit on the other side. Since mediation sessions are held with one spouse at a time, the other spouse will wait in a waiting room on the same floor. This waiting room will often be shared with other people undergoing mediation sessions and relatives who have come in support. Waiting rooms will never be shared between married spouses and the mediators will do their best to ensure that the spouses do not meet when entering and exiting the mediation room.