Who handles a family mediation case, and what composition must the body dealing with it have?
General information · Not legal advice
Material to check
In the exercise material, we read the paper naming the mediation committee assigned to the family mediation case, showing who serves as mediation chief and who serves as mediation commissioners, together with the mediation record showing which body dealt with the matter.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision at its word: a family mediation case is handled by a mediation committee, save that where there is substantial reason and the parties do not clearly express objection the mediation judge may mediate alone; that committee is constituted only where it has a mediation chief together with at least the minimum number of mediation commissioners the provision sets.
Another reading notes that the provision fixes a minimum composition rather than a full roster, and it does not say how the mediation chief and the commissioners share the work, or what follows where the body handling the case falls short of that minimum.
Your judgment
Where the mediation record does not show that the required members were present when the case was dealt with, what in the file could establish that the committee handled it?
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 change the required composition of the committee, or if a court decision explains what counts as the committee handling a family mediation case.