Macau’s Legislative Assembly (AL) passed the “Family Mediation System” on June 11 last year, which took effect on New Year’s Day, and the Social Welfare Bureau (IAS) has appointed 48 family mediators to oversee mediation sessions, allowing them to adopt methods and procedures they deem appropriate during the proceedings.
Macau has appointed 48 family mediators to oversee cases under the newly implemented Family Mediation System, which took effect on June 11.
The mediators, drawn from both the Social Welfare Bureau and private organizations, are tasked with handling cases of divorce, parental rights, child support, and family residence allocation before any lawsuits can proceed.
The law mandates that four categories of family cases – litigated divorces, exercise of parental rights, support payments, and allocation of family residence – must undergo mandatory mediation through the Social Welfare Bureau before any lawsuit can be filed.
While the legislation received broad consensus, the sole point of contention was the qualifications required for mediators.
Speaking on public broadcaster TDM’s radio program yesterday, Lei Lai Peng, head of the IAS Family and Community Services Department, stated that Macau currently has 48 family mediators, including 25 from the IAS and 23 from private organizations.
The Macau Family Mediation Association has previously disclosed that these mediators are professionally qualified, with one-third being social workers, one-third lawyers or individuals with legal backgrounds, and the remainder holding other professional credentials.
Concerns have emerged regarding the future workload and diversity of mediators under the newly established Family Mediation System.
Reports indicate that effectively transforming the policy framework into practical applications will require navigating challenges related to professional talent reserves, updating social perceptions, and integrating diverse resources.
This transition not only tests legal expertise but also poses challenges to the principles of social governance. Lei stated yesterday that efforts will continue to expand the pool of qualified social workers as mediators through targeted training programs.
It was noted that family mediators are bound by confidentiality obligations, with the law prohibiting either party from using proposals or suggestions made during mediation as grounds for defense in litigation. This ensures that both parties can work toward reaching a consensus during the mediation process without fear of repercussions.
According to the bureau, the Family Mediation System has received over 30 inquiries in the first half-month since its implementation, resulting in eight applications for mediation services. Applicants primarily range in age from 30 to 59, with women accounting for 75% of those seeking assistance.
All applications pertained to issues such as litigated divorces, exercise of parental rights, and child support payments.
The bureau noted that once a case is accepted, a mediator is assigned within six days, and the first mediation session must occur within 20 days of the appointment. The entire process is typically completed within 60 days. Afterwards, relevant documents must be submitted to the bureau, which will issue a mediation certificate to the applicant within six days.
Regarding mediation services, Lei cited legislation indicating that property distribution is not covered under the law.
However, in cases involving domestic violence, if mediation officers become aware of such issues before the mediation process begins, they may terminate the mediation procedure based on their professional assessment and proceed directly to litigation for divorce if the circumstances meet legal requirements.
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