Mediating International Child Abduction Cases

The Hague Convention

AvSarah Vigers,Paul Beaumont

Inbunden, Engelska, 2011

Del i serien Studies in Private International Law

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Beskrivning

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.This title is included in Bloomsbury Professional's Family Law online service.

Produktinformation

Utgivningsdatum:2011-10-07
Mått:156 x 234 x 12 mm
Vikt:358 g
Format:Inbunden
Språk:Engelska
Serie:Studies in Private International Law
Antal sidor:126
Förlag:Bloomsbury Publishing PLC
ISBN:9781849461818

Utforska kategorier

Internationell rätt: transport och handel inom Juridik
Familjerätt inom Juridik

Mer om författaren

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.

Recensioner i media

I shall certainly be recommending this book with enthusiasm to all my students…Vigers book will be required reading for the team that secures the research contract recently announced by the European Parliament for a study on 'Cross-border parental child abduction'…

Innehållsförteckning

1. INTRODUCTION I. Aim and PurposeII. Structure and ScopeIII. Background and Context IV. Conclusion 2. WHAT IS CONVENTION MEDIATION? I. Introduction II. Definitional DifficultiesIII. 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 ChallengesIV. Conclusion 4. WHY MEDIATE IN CONVENTION CASES? I. IntroductionII. 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