Lawyer Referral Service for Hague Convention Cases

 

From April 1, 2014, the lawyer referral service of the Okinawa Bar Association (“OBA”) will be available. Hague Convention cases (case related to the return of one’s own child or a case related to access to one’s own child) may result in legal disputes regarding the return of a child, access to a child, or other matters between the parent who has taken his or her own child from a foreign country to Japan and does not return the child to its State of habitual residence and the parent whose own child has been taken and is not returned by the other parent.
In Japan, the family court has jurisdiction over such cases. The OBA provides the lawyer referral service to people who need the assistance of a lawyer in court proceedings or an alternative dispute resolution (ADR) proceedings. The lawyer referral service is free of charge. (Legal fees are charged separately.)
The lawyer referral service is for people who either “have removed their own child to Japan from a foreign country (that is a Contracting State to the Hague Convention)” (so-called “taking parent” “TP”) or “have had their own child removed to Japan from a foreign country (that is a Contracting State to the Hague Convention)” (so-called “left behind parent” “LBP”) and who also plan to use Japan’s family court proceedings or ADR proceedings to resolve the case with the assistance of a lawyer.
Also, this lawyer referral service is available for people whose child or children have been removed from Japan to a foreign country (that is a Contracting State to the Hague Convention). Provided, however, if you file a petition in court of the foreign country for the return of the child or children from the foreign country to Japan or for access to the child or children in the foreign country and if you need assistance from a lawyer for such procedure, you should ask a lawyer in the foreign country for assistance.
Since this lawyer referral service is different from the lawyer referral service for Hague Convention cases by the Japan Federation of Bar Associations (“JFBA”), if you would like to use the lawyer referral service by JFBA, please refer to the information provided by Japan’s Central Authority (Ministry of Foreign Affairs). Japan’s Central Authority (Ministry of Foreign Affairs, “MOFA”) is in charge of handling inquiries and applications for the lawyer referral service by JFBA.

 

・Contact Details
Okinawa Bar Association
2-2-26-6 Matsuo, Naha-shi, Okinawa 900-0014, JAPAN
Phone: +81-98-865-3737 (Japanese Only)
Facsimile: +81-98-865-3636 (Japanese and English)
Email: haguehelp@okiben.org (Japanese and English, available on or after April 1, 2014)

 

Information for Applicants for ADR Projects regarding Hague Convention on the Civil Aspects of International Child Abduction

 

Okinawa Bar Association

Pursuant to the delegation from the Ministry of Foreign Affairs of Japan (“MOFA”), regarding the Convention on the Civil Aspects of International Child Abduction (“Hague Convention”), Okinawa Bar Association (“OBA”) performs ADR projects based on the Act for the Implementation of the Hague Convention (“Hague Act”). ADR projects specifically address matters for parties involved in cases where MOFA issues a Decision of Assistance in the child’s/children’s return to a foreign state, or a Decision of Assistance in visitation or contacts with a child/children in Japan, in order to promote voluntary resolution through communication between the Parties.

1. Applicant
An Applicant must be a Party of a case who is awarded a decision of assistance in a child’s return to a foreign state, or a decision of assistance in visitation or contacts with a child/children in Japan by MOFA, pursuant to the Hague Act.
If an Applicant is awarded a decision of assistance in a child’s return to a foreign state, or a decision of assistance in visitation or contacts with a child/children in Japan by MOFA, please attach a copy of the decision with the application. Also, if an Applicant receives a document titled “Regarding the proceedings pursuant to the Hague Convention,” please attach a copy of the document with the application.

2. Period for Receipt of Applications
The period for receipt of Applications is between April 1, 2016 (Friday) and March 31, 2017 (Friday), Japan Time.

3. Number of Times
The number of times Mediation can be pursued (application filed), is limited to one (1) time per each Applicant. Further, the number of mediation sessions is limited to four (4) times for each case.

4. Available Languages
Mediation shall be mainly conducted in Japanese, while English may be used when necessary. Languages other than Japanese and English, cannot be used in the Mediations. In principle, procedures shall not be conducted only in the English language.

5. Contents of Mediation
The aim of Mediation is to facilitate the formation of an Agreement between an Applicant and a Respondent, on parents’ access and contacts with the child/children, via discussion.

6. Mediation Procedures

(1) Method of Application
Please send the Application drafted pursuant to the attached Application Form to the OBA via e-mail, facsimile, or ordinary mail.
We accept Applications written in the Japanese or English language. In addition to the Application, we also accept documents written in the Japanese or English language also, including, but not limited to, documentary evidence. If you submit documents, other than an Application, please send them via e-mail or ordinary mail.
When the Applicant submits document(s) without accompanying translation(s), other than an Application, the Mediator may designate those document(s) be translated. Such documents and the accompanying translation(s), shall be provided to the Respondent.
(2) The OBA will select Mediators from a list of Mediator Candidates.
(3) At the point when the Mediators are selected, the first session will be designated. Certain documents shall be sent to the Mediators and the Respondent. The OBA will make contact with the Respondent, and attempt to get him/her to participate in the Mediation procedures to the extent that it does not call into question the neutrality of the OBA ADR Center.
(4) If the Mediators receive a reply from the Respondent, which indicates that the respondent will participate in the Mediation, the OBA will then contact the Applicant. If the Respondent does not wish to participate, the Mediators will terminate the procedures.
(5) Mediation Session
a. A Party residing outside of Japan or even at a distant place in Japan, will attend mediation session using either the Video Tele-Conferencing system or via a telephone call. There may be cases in which the Applicant and the Respondent may participate in Mediation on separate mediation days, and/or sessions held at separate times on separate days.
b. The mediation session shall be held only during normal business hours of the OBA (Japan Time), in principle.
c. The Mediators shall commence the session by first listening to the allegations and the statements of the respective Parties.
d. There may be cases in which, on days other than the mediation sessions, the Mediators may obtain information regarding the circumstances of the matter from one of the Parties; or, by telephone call(s) may make inquiries or examinations on necessary related matters to help facilitate an appropriate resolution of the case.
(6) Conclusion of Proceedings
If the settlement is made between the parties, their Settlement Agreement shall be prepared in the Japanese and English languages. This Settlement Agreement will then be directly hand-delivered to the Parties, or will be delivered at a later date by Registered and Certified Mail (including, but not limited to International Mail). 

7. Fees and Costs Paid by the Applicant in order to Use This Mediation Process
Each party does not have to pay fees and costs, as long as the Mediation costs fall within the range of funds provided by MOFA pursuant to its delegation.
Provided however, if sessions are held more than four (4) times, each party shall pay the fees for each session over the four(4), in the amount of ¥10,000 (JPY) each (NOT including Consumption Taxes).
Also, if an Application is accepted and the costs exceed the range of funds provided by MOFA pursuant to its delegation, the applicant shall pay the fees as follows:
1) Application Fee ¥10,000 (JPY) (NOT including Consumption Taxes),
2) Fee for Session ¥10,000 (JPY) (NOT including Consumption Taxes) for each session, and,
3) Success Fee ¥50,000 (JPY) (NOT including Consumption Taxes) if the settlement is reached between the Parties.
Each party does not have to pay costs for translation or interpretation up to a certain limit, as long as mediation costs fall within the range of funds provided by MOFA pursuant to its delegation. If the total costs exceed the limit, each party shall be responsible to pay the amount of the costs which exceed the established limit.
Other expenses may be incurred if the Video Tele-Conferencing system or international telephone calls are used (i.e. expenses for buying PCs, speakers, microphone sets, Internet connection usage charges, international telephone call charges). Furthermore, an Applicant who participates in the mediation sessions which are conducted in Okinawa, must pay for the Applicant’s own travel expenses.

8. Notes
(1) In the course of these mediation proceedings, OBA shall not convey any personal　and/or confidential information, regarding the Applicant, to the Respondent without the Applicant’s consent.
(2) Registered foreign lawyers (Gaikokuho-jimu-bengoshi), will only be allowed to be present at (but not participate in) the mediation session. A party may consult with his/her foreign lawyers outside the mediation sessions.
(3) The Applicant residing outside of Japan who needs to personally set up a PC to utilize the Video Tele-Conferencing system, speakers, a microphone set, or Internet connections, is responsible for paying all costs and expenses as described in Paragraph 7 above.
(4) All fees which are sent from any overseas location, and returned from OBA to an overseas Applicant, shall be paid via JPY-based international money orders. NO other method of money transfer, including but not limited to checks or credit cards, may be used.

9. Contact Details
Okinawa Bar Association
Residence: 2-2-26-6 Matsuo, Naha-shi, Okinawa 900-0014, JAPAN
Phone: +81-98-865-3737 (Japanese Only)

Facsimile: +81-98-865-3636 (Japanese and English)
Email: haguehelp@okiben.org (Japanese and English, available on or after April 1, 2014) 

Application for Mediation(PDF)