MEDIATION IN INTERNATIONAL FAMILY DISPUTES
There is an increasing importance attached to use of methods to reach agreed solutions in national and international family law, both during the course of litigations involving children, and also in order to prevent such juridical disputes. Among the different means of amicable dispute resolution (...
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| Main Author: | |
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| Format: | Article |
| Language: | English |
| Published: |
Nicolae Titulescu University Publishing House
2023-06-01
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| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/download/cks_2023_articles%252F2_CKS_2023_PRIVATE_LAW%252FCKS_2023_PRIVATE_LAW_014.pdf |
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| Summary: | There is an increasing importance attached to use of methods to reach agreed solutions in national and international family law, both during the course of litigations involving children, and also in order to prevent such juridical disputes.
Among the different means of amicable dispute resolution (such as conciliation, counselling, arbitration, etc.), mediation remains just one of many possibilities, but still the most widely promoted method of alternative dispute settlement.
The purpose of the article is to identify the advantages and limits of mediation in comparison with court proceedings, and subsequently to highlight its particularities in the context of child abduction cases (which characteristically involve the highest levels of tension between the parties).
Hence, the objectives of the present study are to identify specific challenges of mediation in international chils abductions, such as object, timeframes, cooperation among mediators and administrative/judicial authorities, (non)ennforceability of the agreement in all jurisdictions concerned or language difficulties, associated with different cultural and religious backgrounds, geographical distance, visa and immigration issues.
Furthermore, the study aims to identify use of mediation in order to prevent child abductions, at an early stage of the break of the relationship between parents, where an amicable solution is still reachable and recommendable in the best interests of the child. |
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| ISSN: | 2068-7796 |