Act on State-Funded Family Mediation Services
Passed 22.11.2021
RT I, 10.12.2021, 1
Entry into force 01.09.2022
Amended by the following legal instruments (show)
| Passed | Published | Entry into force |
|---|---|---|
| 16.03.2022 | RT I, 31.03.2022, 1 | 01.07.2022 |
§ 1. Regulatory scope and scope of application
(1) Aiming to provide support to parents who, having separated, seek to reach an agreement concerning arrangements related to their underage child, to facilitate cooperation between parents concerning the upbringing of their child and, by this, to ensure protection of the child’s interests and the child’s well-being, this Act governs the provision of State-funded family mediation services and establishes the principles for the organisation of mediation proceedings.
(2) The family mediation services provided for by this Act are offered when the residence of the parents and of the child in respect of whom the parents are in dispute is in Estonia.
(3) Family mediation services are also provided in a situation where the dispute is in the jurisdiction of Estonian courts and, under § 5601 of the Code of Civil Procedure, the court has directed the parents to undertake family mediation.
§ 2. Application of other Acts
(1) Mediation proceedings provided for by this Act, proceedings before a mediation body, the duties of family conciliators and the approval, validity and enforceability of parenting plans are subject to the provisions of the Mediation Act without prejudice to any special rules established by this Act.
(2) Administrative proceedings provided for by this Act are subject to the provisions of the Administrative Procedure Act without prejudice to any special rules established by this Act.
(3) The carrying out of mediation proceedings under this Act – including the approving of, or refusal to approve, a parenting plan – does not constitute an administrative procedure within the meaning of the Administrative Procedure Act.
§ 3. Definitions
(1) For the purposes of this Act, ‘family conciliator’ means a person who, having concluded a corresponding agreement with the Social Insurance Board, directly conducts mediation proceedings in order to assist parents (hereinafter, ‘parties to mediation’) in reaching – in a dispute that has arisen concerning arrangements related to their underage child – a solution that gives due consideration to the interests of the child.
(2) ‘Parenting plan’ means an agreement that has been concluded between the parties to mediation as a result of successful termination of mediation proceedings and that has been approved by the Social Insurance Board.
§ 4. Family mediation services
(1) As part of the family mediation services provided for by this Act, mediation proceedings are carried out with the intermediation of a family conciliator, as a result of which the parties to mediation may conclude an agreement concerning the right of access to the child – or matters related to the maintenance of an underage child – that are provided for by the Family Law Act.
(2) Where, under § 5601 of the Code of Civil Procedure, the court has made an order by which it has directed the parties to undertake family mediation, an agreement may be concluded in mediation proceedings by which joint legal custody is terminated or varied according to § 1371 of the Family Law Act.
[RT I, 10.12.2021, 1 - entry into force 01.07.2023]
§ 5. Mediation body and arrangements for family mediation
The Social Insurance Board is a mediation body for the purposes of the Mediation Act and arranges the provision of family mediation services.
§ 6. Requirements for family conciliators
(1) A family conciliator must meet at least the following requirements:
1) they possess a higher education;
2) as a person, they are suited to conduct mediation proceedings;
3) they meet the requirements provided by § 20 of the Child Protection Act;
4) they have completed a course of family conciliator training arranged by the Social Insurance Board.
(2) Where a person who wishes to act as a family conciliator has completed a course of family conciliator training which was arranged by another entity and whose content and scope meets the requirements enacted under subsection 4 of this section, they must pass an examination to prove their qualification. The examination is arranged by the Social Insurance Board.
(3) A family conciliator who deals with the special situations provided for in clauses 1 and 3 of subsection 1 of § 11 of this Act must, in addition to meeting the requirements provided by subsection 1 of this section, have completed a continuing education course on working with victims of domestic violence and with people of special mental health needs.
(4) The conditions and rules, including requirements for content and depth, for the courses mentioned in clause 4 of subsection 1 and in subsection 3 of this section are enacted by a regulation of the Minister in charge of the policy sector.
§ 7. Applying for family mediation services
(1) In order to receive family mediation services, an application is filed with the Social Insurance Board, stating:
1) the applicant’s name, personal identification number (or date of birth), residential address and contact particulars;
2) the name, personal identification number (or date of birth), residential address and contact particulars of the other party;
3) the other party’s consent to participate in family mediation;
4) the circumstances that gave rise to the dispute;
5) a declaration to certify that – between the parties that applied for the services and in respect of the child concerned by the dispute – no litigation is pending in respect of the claim that is to be the subject matter of mediation;
6) any other material facts.
(2) Where the court has made an order by which, under § 5601 of the Code of Civil Procedure, it directed the parties to undertake family mediation – no application is filed.
§ 8. Allocation of family mediation services
(1) Within ten business days following the making of the application or receipt of the order by which, under § 5601 of the Code of Civil Procedure, the parties are directed to undertake family mediation, the Social Insurance Board makes a decision concerning allocation of the corresponding services and assignment of a family conciliator.
(2) When making the decision, the Social Insurance Board – in order to ascertain whether the case falls under the special situations of family mediation mentioned in subsection 1 of § 11 of this Act – has a right to check whether there have been instances of domestic violence between the parties to mediation, whether the child that is concerned by the dispute has been the subject of abuse or neglect, as well as whether one or both of the parties are suffering from a mental disorder or an intellectual disability.
(3) To achieve the aim mentioned in subsection 2 of this section, the Social Insurance Board processes the particulars in the Register of Social Service and Benefit Information, in the Social Protection Information System and in the Population Register.
§ 9. Refusal to provide family mediation services
The Social Insurance Board refuses to allocate family mediation services when:
1) the party does not have a right to receive such services;
2) considering the facts mentioned in the application, the dispute does not fall within the scope of family mediation services;
3) the nature of the case makes it unsuitable for mediation proceedings;
4) between the parties applying for the services and in respect of the child concerned by the dispute, litigation is pending on the claim that is to be the subject matter of mediation;
5) a judicial disposition has entered into effect – or the Social Insurance Board has approved a parenting plan – in respect of the parties seeking the services and of the child concerned, and the facts underlying such a disposition or plan have not changed materially.
§ 10. Hearing a child in mediation proceedings
(1) To ascertain the interests of a child concerned by a dispute, they must be given an opportunity during mediation proceedings to express their views. a child must be heard using a method that corresponds to their age and their level of development.
(2) The hearing of a child concerned by a dispute may be dispensed with if, within six months preceding the commencement of mediation proceedings, they have been heard – concerning the facts that constitute the subject matter of mediation proceedings – by a child protection worker or another person working with the child, or if, having regard to the child’s age or level of development, it is not possible to conduct such a hearing.
(3) To avoid repeated hearing of a child, a family conciliator coordinates with a child protection worker or with other persons working with the child.
(4) To avoid repeated hearing of a child, the Social Insurance Board has a right to check, through the Register of Social Services and Benefits Information, whether the child concerned by the dispute has been heard – within six months preceding the commencement of mediation proceedings and in child protection proceedings – with respect to the facts that constitute the subject matter of the mediation proceedings. Where such a child has been heard in the course of child protection proceedings, the Board has a right to acquaint itself with the facts of the matter.
(5) The Social Insurance Board transmits, to the family conciliator, relevant particulars concerning the hearing of a child concerned by the dispute.
§ 11. Special situations of family mediation
(1) Special situations of family mediation comprise cases in which:
1) there have been instances of domestic violence;
2) there have been instances of abuse or neglect in respect of the child;
3) one or both of the parties to mediation are suffering from a mental disorder or an intellectual disability.
(2) In a special situation of family mediation, the family conciliator may enlist the assistance of another such conciliator to support mediation proceedings.
§ 12. Concluding and approving a parenting plan
(1) When the parties to mediation reach an agreement, mediation meetings are deemed to have been concluded and a parenting plan is agreed.
(2) The parties to mediation sign the parenting plan and the plan is approved by the Social Insurance Board.
(3) The Social Insurance Board does not approve a parenting plan when it is manifest that what the parties to mediation have agreed is not compatible with the interests of the child, or if the plan or a part of the plan cannot be realised. The Board invites the parties to continue the mediation meetings and to amend the plan such that it is compatible with the interests of the child and can be realised.
(4) A parenting plan that has been approved by the Social Insurance Board replaces a previous judicial disposition rendered in respect of the child, or a previous parenting plan.
(5) A parenting plan approved by the Social Insurance Board constitutes an enforceable title within the meaning of clause 25 of subsection 1 of § 2 of the Code of Enforcement Procedure.
(6) A parenting plan that has been approved by the Social Insurance Board and that concerns the maintenance of an underage child constitutes an enforceable title if it contains an agreement concerning the payment of maintenance.
§ 13. Grounds for termination of mediation proceedings; unsuccessful mediation
(1) Mediation proceedings end when:
1) the parties to such proceedings agree on a parenting plan that is approved by the Social Insurance Board;
2) the parties to mediation cannot reach an agreement;
3) one of the parties wishes to break off mediation meetings;
4) in the opinion of the family conciliator, it is unlikely a parenting plan can be agreed;
5) the parties do not wish to amend their parenting plan according to subsection 3 of § 12 of this Act;
6) in view of a change in the circumstances, it is not possible to continue the proceedings.
(2) Mediation proceedings also end when, during the proceedings, the child concerned by the proceedings attains full age. Where a dispute concerns several children, the proceedings end only in respect of the child that attained such an age.
(3) Where mediation proceedings end on the grounds of clauses 2–6 of subsection 1 of this section, the Social Insurance Board transmits a certificate of unsuccessful mediation to the parties.
(4) The Social Insurance Board also transmits a certificate of unsuccessful mediation to the parties in a situation where an application has been made but one of the parties does not consent to participate in family mediation, or where the parties to mediation do not accept the family conciliator assigned by the Board.
§ 14. Notifying the court of the outcome of mediation proceedings
(1) Where the court has made an order directing the parties to undertake family mediation, and mediation proceedings have ended, the Social Insurance Board, within ten business days following termination of the proceedings, transmits to the court the particulars concerning approval of a parenting plan or – where mediation has been unsuccessful – a certificate of unsuccessful mediation, or information regarding the fact that the child concerned by the dispute has attained full age.
(2) Where a parenting plan replaces a previous judicial disposition rendered in respect of the child, the Social Insurance Board transmits such a plan within ten business days following the plan’s approval to the court that rendered the disposition.
§ 15. Funding of family mediation
(1) Family mediation is funded from the budget of the State.
(2) The extent and cost of mediation meetings to be covered from the funds of the State’s budget is enacted by a regulation of the Minister in charge of the policy sector.
§ 16. Challenge procedure
Where a person does not accept an administrative decision that is taken or an operation that is carried out by the Social Insurance Board under this Act, they have a right to file a challenge with the Board. The Board disposes of the challenge within 30 days following its filing.
§ 17. – § 24. [Provisions amending other Acts are omitted from this translation.]
§ 25. Entry into force
(1) This Act enters into force on 1 September 2022.
(2) Subsection 2 of § 4, § 19 and clause 3 of § 22 of this Act enter into force on 1 July 2023.
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