BELGIUM Law and Practice Contributed by: Larissa De Wulf, Carolyn Vanthienen and Alexandra Goossens, Tiberghien
Enforcement of Judgments in Civil and Commer - cial Matters (the “Lugano Convention”) applies, the Belgian court must be asked to declare this decision enforceable (Article 38 of the Lugano Convention). If none of the other international instruments apply, the Belgian Code of Private International Law prevail and the enforcement of an authentic document or decision concerning spousal main - tenance requires judicial intervention, which is initiated by a petition to the family court. 2.8 Media Access and Transparency Court hearings are open to the public. This implies that the courtroom doors remain open, allowing not only involved parties but also mem - bers of the public (including journalists) to enter. However, the law specifically mandates for certain proceedings to be held behind closed doors, such as: • judicial conciliation proceedings address - ing the claims of the spouses regarding their mutual rights and obligations and their matri - monial property regime; • judicial proceedings concerning divorce or legal separation; and • judicial proceedings concerning legal claims related to these proceedings, if they are dealt with at the same hearing (and, therefore, also proceedings related to the liquidation/division of matrimonial property). In addition, there is also a specific provision to protect the privacy of the spouses in the case of a divorce on the grounds of irretrievable break - down (and any associated claims for spousal maintenance and liquidation/division of assets). This is because reporting of such cases in the
media is prohibited under penalty of a fine and/ or imprisonment. 2.9 Alternative Dispute Resolution (ADR) Belgian law recognises the concepts of media - tion, collaborative negotiation and arbitration. Mediation Out-of-court mediation is conducted separately from court proceedings. The parties choose by mutual agreement to use a third party (the medi - ator) to help them resolve their dispute. After reaching an agreement, the parties can either content themselves with this agreement or rein - force its impact by having it made enforceable. If the parties or one of the parties so wishes, a court will homologate the mediation agreement. To do so, the parties must have used an author - ised mediator. Judicial mediation happens in the context of a court case where the court can order mediation ex officio unless both parties oppose it. This form of mediation can also take place at the request of one or both parties. In this case, court proceedings are suspended so that the par - ties can find a solution to the dispute together through mediation. In family cases, the court is required by law to promote an amicable resolu - tion of disputes at any stage of the proceedings. With a view to reconciliation, the case can be submitted to the Family Court’s amicable set - tlement chamber. Once they have reached an agreement, the agreement will be included in a judgment that will be ratified by the court and will be enforceable. Collaborative Negotiation A collaborative negotiation is a negotiation between parties, each assisted by a lawyer who has undergone special training and has been recognised as a collaborative negotiator. If the
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