A family mediator must report suspected domestic violence to the court.

Maltese law places an express duty on a family mediator to notify the court when domestic violence comes to light, or is reasonably suspected, during mediation. The notice goes to the judge presiding over the family proceedings.

The law requires the mediator to inform the judge immediately

Under the former Civil Court (Family Section) Regulations, S.L. 12.20, regulation 8 required a mediator who became aware of, or had reason to suspect, the occurrence of domestic violence to "immediately inform the Judge in writing". The duty was triggered by reasonable suspicion, not only by proof of an offence.

From 1 October 2026, the Family Court Proceedings Regulations, 2026 (S.L. 12.35) replaced and repealed the former procedural framework. Regulation 21 of the new rules, in force from that date, keeps the mediator's immediate duty to notify the judge, now "by means of a note". The duty also extends to a suspected intentional manipulation of a minor.

A notice to the judge is not a criminal complaint

The Family Court handles civil family matters, including mediation, separation, parental responsibility and maintenance. A mediator's notice allows the judge to assess whether it is safe and suitable to continue mediation and whether any protective steps are needed. It is not the same as filing a criminal complaint, starting a prosecution or referring a case to the criminal courts. Criminal action may follow from the underlying conduct through the usual channels, but it is not the automatic legal consequence of the mediator's notice.

The new regulations also provide a related but separate safeguard. Under regulation 20(1), where a mediation letter is accompanied by evidence substantiating domestic violence, either party may apply for mediation to be suspended, and the court may hear the application within four days and decide whether mediation should continue. Regulation 20(1) was, however, expressly left out of the provisions brought into force on 1 October 2026 by Legal Notice 219 of 2026, so this power is not yet operative. A comparable safeguard already existed under regulation 4(3) of the former regulations, which allowed the court to summon the parties where a request for mediation was accompanied by evidence of domestic violence.

The Court of Appeal treats violence as the exception to confidentiality

The Court of Appeal addressed the point in an anonymised family case, Z1 v. Z2 (App. Ċiv. 171/2020/1), decided on 10 March 2026 under the former regulations. It noted that mandatory family mediation sittings are held in camera and are "highly confidential", and that the mediator may not inform anyone, "not even the Family Court", of what was discussed. It added: "The only exception to this general rule is where the family mediator suspects the occurance [sic] of domestic violence, irrespective of whether the suspected victim is one of the parties, another family member or a third party" (para. 34).

The remark was made in passing: the appeal turned on whether the Maltese courts had jurisdiction, and it was rejected. It nonetheless confirms that the general confidentiality of mediation does not override the duty to notify the judge of suspected violence.

Evaluation

What was said holds. Family mediators must notify the court immediately when they know of, or have reason to suspect, domestic violence during mediation. Regulation 21 of the Family Court Proceedings Regulations, 2026 directs the notice to the judge in the family proceedings, as regulation 8 of the former regulations did.

The detail is exact as far as it goes. The duty is triggered by reasonable suspicion rather than proof, and the notice goes to the family judge, not to the police or the criminal courts. The related power to suspend mediation on evidence of violence, regulation 20(1), is written into the new rules but not yet in force.