Cap. 571 Art. 40 Mediation.

(1) Where a request is made for action under this Act to the competent Civil Court by one or the other cohabitants, or by both of the cohabitants who have agreed to end their cohabitation, save the action contemplated in article 17, before granting authorisation to the cohabitant or cohabitants to proceed with the cause, the Court shall summon the parties to appear before a mediator, either appointed by the Court itself or with the consent of both parties, so that where they have not already agreed on the terms of separation, such mediator helps the parties reach a contract of separation from the cohabitation on an agreed basis:

Provided that where the Court is presented with evidence of domestic violence between the cohabitants, the Court shall not summon the parties to appear before a mediator:

(2) This agreement shall include the following terms, as applicable and if appropriate:

(a) the care and custody of the children;

(b) the access of the two parties to the children;

(c) the maintenance of the cohabitants, or of one of them, and of each child;

(d) the ordinary, primary, common home where the parties have resided as cohabitants;

(e) other rights emanating from this Act but which the parties wish to come to an independent agreement on.

(3) In all procedures of separation in the case of cohabitation before the competent Civil Court made upon request of one of the cohabitants or both, having agreed that their cohabitation shall be terminated, even where the cohabitants are separated by contract or by a judgement given by the competent Court, the Court may, when it deems it necessary on its own initiative, or at the request of the mediator or one of the cohabitants:

(a) appoint a children’s advocate to represent the interests of the minor children of the parties, or of any of them; and

(b) hear the minor children of the parties, or any of them, where it considers it to be in their best interest to do so: Provided that in all procedures of separation from cohabitation before the competent Civil Court as referred to in this article, the Court may order the parties to submit information about the payment of children’s maintenance.

(4) For every action requested under this Act, save for the action contemplated in article 17, articles 37 and 39 of the Civil Code shall mutatis mutandis apply.