Involving Professional Psychologists in Family Mediation Helps Reconcile 24 couples
Article 2 of the Law on the Establishment of Courts, adopted
by the State Great Khural of Mongolia on June 5, 2024, provides for the
establishment of first-instance circuit courts specializing in family and child
cases. In this context, the Ministry of Family, Labour and Social Protection
signed a memorandum of understanding with the General Council of the Judiciary
in May this year on providing psychological and expert support in family court
proceedings. Starting from August 20, two professional psychologists have been
deployed to the administrative offices of the circuit courts in Bayangol, Khan
Uul, and Songinokhairkhan districts.
Couples applying to court for divorce are often emotionally
unstable and affected by misunderstanding, resentment, blame, fear, and
anxiety. Psychological support has proven effective in stabilizing emotions,
helping parties make more rational decisions, encouraging couples to recognize
their responsibilities toward each other and their children, and positively
influencing decisions to withdraw divorce applications.
Before psychologists began working in the courts, from May
to August 20, 2025, a three-month period saw 14 families reconcile. In the
three months following the introduction of psychologists, 24 families
reconciled. Overall, cooperation between psychologists and mediators increased
the success rate of family dispute resolution by 1.7 percent.
During this period, psychologists provided couples
counselling to 123 individuals, child psychological counselling to three
children, and individual counselling to 25 people.
Although Article 14.7 of the currently effective Family Law
states that the opinion of a child aged seven or older must be considered when
deciding custody issues, the law does not clearly specify who should be present
when a child’s opinion is heard, aside from judges and court clerks. In
practice, children may feel intimidated by the courtroom environment, judges,
or their parents, and the presence of lawyers from both sides may influence a
child’s statement. As a result, courts have at times informally involved
independent professionals.
Within the framework of the memorandum, and in line with
Article 29.1 of the revised Law on Child Protection, which guarantees the right
of children aged seven and above to express their views in proceedings
affecting their rights and legitimate interests, professional psychologists
were involved in hearing the opinions of approximately 10 children. This
resulted in children expressing their views freely and truthfully.
According to the 2025 study titled “The Current State and
Changes in Mongolian Family Relationships” conducted by the Ministry of Family,
Labour and Social Protection, the number of newly married couples has decreased
by 29 percent compared to the previous five years, while the number of divorced
families has increased by 5 percent.
Protecting the family as the fundamental social unit,
strengthening family members’ responsibilities, and reducing divorce rates are
reflected in the Government of Mongolia’s 2024–2028 Action Program. Given that
professional psychological assessment and counselling provide tangible support
in reconciliation efforts, the ministry is working to propose the inclusion of
psychologists as members of mediation teams in the draft Law on Family Court
Proceedings.