Mediating International Child Abduction Cases

There is growing enthusiasm for the use of mediation to seek to resolve cases arising under the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (the Convention). However, despite being endorsed by the conclusions of meetings of experts, judicial comment and even legislative changes, there have been relatively few cases where mediation has played a significant role. It is suggested that the reason underlying this dichotomy between the widespread support for the use of mediation and the current limited practice is that there are several key questions regarding the use of mediation in the context of the Convention which remain to be answered. Specifically: what is meant by Convention mediation? How can a mediation process fit within the constraints of the Convention? And why offer mediation in Convention cases given the existing legal framework? This book addresses these questions and in so doing seeks to encourage a movement from enthusiasm about the use of mediation in the Convention context to greater practice.

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Autorentext

Sarah Vigers worked for three years as a Legal Officer at the Hague Conference on Private International Law. She subsequently completed a research masters degree at Aberdeen University and is a family mediator.

Inhalt

1. INTRODUCTION
   I. Aim and Purpose
   II. Structure and Scope
   III. Background and Context
   IV. Conclusion
   
   2. WHAT IS CONVENTION MEDIATION?
      I. Introduction
      II. Definitional Difficulties
      III. Place in the Procedure
      IV. Conclusion
   3. HOW CAN A MEDIATION PROCESS FIT WITHIN THE CONSTRAINTS OF THE CONVENTION?
      I. Introduction
      II. Convention Mediation as a Specialism
      III. Responding to Specific Challenges
      IV. Conclusion
   4. WHY MEDIATE IN CONVENTION CASES?
      I. Introduction
      II. Responding to Concerns Surrounding the Operation of the Convention
      III. Additional Added Value
      IV. Conclusion
   5. THE VOICE OF THE CHILD
      I. Introduction
      II. The Voice of the Child in Mediation
      III. The Voice of the Child in Convention Court Proceedings
      IV. The Voice of the Child in Convention Mediation
      V. Conclusion
   6. CONCLUSIONS
      I. From Enthusiasm . . .
      II. . . . To Action