Article 2.5.10 Alternative Dispute Resolution and Mediation

(a) Purpose and Scope:

Together with Part 4 of this ICT Code, this Article promotes non-adversarial mechanisms for resolving family law matters within the ICT. It affirms the value of voluntary dispute resolution in reducing conflict, supporting family cohesion, and ensuring culturally respectful processes.

(b) Encouragement of Mediation and Counselling:

(i) Parties are required to participate in mediation, conciliation, or family counselling prior to initiating court proceedings. The ICT Family Court may only waive this requirement

(ii) The ICT Family Court may direct parties to attempt mediation, counselling or other procedures where appropriate and safe, subject to the voluntary consent of the parties.

(iii) Mediated agreements shall be in writing and submitted to the ICT Family Court for approval and enforcement.

(c) Recognition of Private Agreements:

(i) The ICT recognises privately negotiated family settlements, including those facilitated by religious, cultural, or community organisations, provided they:

(ii) Are freely entered into;

(iii) Do not contravene ICT public policy or the best interests of children;

(iv) Are capable of enforcement under in the ICT.

(v) Binding arbitration may be used for financial or property-related family disputes, but not for child custody or welfare matters.