Which civil case claims does this provision reach, and what must the family court do once the matter proceeds to litigation by objection or the like?
General information · Not legal advice
Material to check
In the practice file we read the mediation application showing that mediation was applied for in a civil case under the provision on referral of civil cases to mediation, and the record showing how that mediation ended. We also read any ruling of the family court transferring the case, and the name of the court it was sent to.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading limits the provision's reach to the claim in a civil case for which mediation has been applied for under the provision on referral of civil cases; for that claim alone, the Civil Conciliation Act provision on proceeding after mediation is applied mutatis mutandis, and once the matter proceeds to litigation by objection or the like, the family court shall transfer the civil case by ruling to the court having jurisdiction over it.
Another reading notes that the provision names a provision of the Civil Conciliation Act to apply mutatis mutandis without restating what it says and without defining which court is the court having jurisdiction, so what a party may do after mediation ends, and which court receives the case, depend on that other provision and on the file.
Your judgment
Which court is the court having jurisdiction over the civil case once mediation has been applied for, and what in the file shows which court that is?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to state the effect of the mutatis mutandis application directly or to say how jurisdiction is determined, or if a court decision explains which court receives a transferred civil case.