As discussed in previous posts, divorce mediation is mandatory in Japan for couples that petition the family court for divorce. These mediation sessions can be time consuming and sometimes frustrating for couples that are seeking to divorce as quickly as possible. Therefore, many couples are concerned with how mediation sessions are scheduled.
At the end of each divorce mediation session, the mediators will work with the divorcing couple to determine the next mediation date. Usually the mediators will pick a date approximately one month in the future and then attempt to work with the couple to fix the next session around that date. Each couple will be asked separately about their schedule so it can take time to come to a final decision regarding the next session as the spouses may need to be called back and forth in order to negotiate a time that works for both spouses and the mediators.
Usually, this will result in a schedule of one mediation session per month and very rarely will the scheduled pace of mediation sessions be increased. Mediators have to handle multiple cases at once and are often unable to schedule a mediation session less than one month in advance. Furthermore, a judge must be available to certify any agreements reached through mediation so each session must take place at a time when a judge is available, further limiting the time when they can be scheduled. Finally, court holidays, including extended periods for winter and summer break, can lead to mediation schedules being delayed even further than the normal one month intervals.
While the one month wait time between mediation sessions may seem like a waste of time, in actuality the time can be used very effectively if both parties are represented by attorneys. During the month long interval, both spouses’ attorneys may contact each other and continue to exchange relevant documents and further refine the negotiation down to its essential points, leaving only the most contentious issues to be handled at the mediation sessions. By using the intervals between mediation sessions effectively, it is possible for the divorce to reach an amicable conclusion in far fewer mediation sessions than it normally would take. Therefore it is highly advisable for spouses involved in divorce mediation to retain legal counsel to help them speed through the mediation process.