The more frequent and easier mobility of people and many opportunities for education and employment abroad are increasing the number of international parental child abductions. The affected parent has two options depending on the country in which the procedure is initiated - the return procedure under the Hague Convention and/or under the Brussels IIa Regulation. Although both legal instruments have the same purpose, i.e. preventive deterrence of the abduction, only the regulation Brussels IIa Regulation a decision on the merits. I will primarily focus on the Hague Convention and the use of mediation as one of the most productive means of resolving family disputes.
The advantages of mediation in child abduction cases are being increasingly highlighted, but the method is still underused. The most important advantage of mediation over litigation is its promptness. Research has shown that mediation reduces the possibility of a retrial and increases the overall satisfaction of the parties. Furthermore, mediation can also deal with a wider field of questions, including parental responsibility, which the procedure under the Hague Convention cannot, because of the obligation to immediately return the child.
Regardless of the benefits of mediation, there are a number of challenges and issues raised by the Guides to Good Practice published by the Hague Conference on Private International Law. Before using mediation, it is necessary to determine whether its use is appropriate for a particular case. Not all family disputes can be resolved in a peaceful way. In some cases, the intervention of the court is inevitable. Certain questions regarding the use of technology in the mediation process still remain open.
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