International Family Mediation and Hague Conventions Overview
International Family Mediation plays a crucial role in resolving cross-border family conflicts, such as custody disputes and child abduction cases, by promoting communication and sustainable solutions. The Hague Conventions provide legal frameworks for amicable solutions in international family law issues. The HCCH Guide to Good Practice on Mediation emphasizes the importance of promoting agreements and enforcing mediation principles in cross-border disputes. The Malta Process aims to enhance child protection and combat international child abduction through effective mediation structures.
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INTERNATIONAL FAMILY MEDIATION - Central Contact Points Georgetown, Guyana 14, 2016 Ignacio Goicoechea Representative for Latin America and the Caribbean Hague Conference on Private International Law
Why International Family Mediation? Constant increase of cross border family conflicts (custody, access, relocation, abduction, filiation, child support). Diverse challenges in international litigation. Delays escalate conflicts Improve communication between the parties instead of encourage them to improve their litigation skills. Work towards agreements instead of judgments (avoid winning & losing approach) Sustainable solutions for the family (strongly in the best interest of children) [For further info on benefits and operation, we recommend ISS Resolving Family Conflicts - A Guide to International Family Mediation ]
Hague Conventions that promote amicable solutions 1980 Child Abduction (Arts. 7 (2) c) 1996 Child Protection (Art. 31 b) 2000 Protection of Adults (Art. 31 b) 2007 Maintenance (Art. 6 (2) d)
HCCH Guide to Good Practice on Mediation
Guide to Good Practice on Mediation: Main issues addressed Importance of promoting agreements in cross border family disputes over custody and contact (including, mediation, conciliation and similar means) Good practices concerning the use of mediation in the special circumstances of international child abduction Mediation principles Good practice with regard to special training of mediators Good practice regarding mediation agreements with enforceability in both / all countries concerned
Malta Process The Malta Process was launched in 2004 as a dialogue between senior judges and high ranking government officials from Contracting States to the 1980 Child Abduction Convention and non-Contracting States with Shariah-based or influenced legal systems. It seeks in particular to improve child protection between the relevant States by ensuring that the child s right to have continuing contact with both parents is supported (even though they live in different States) and by combating international child abduction. This process generated an agreed set of Principles for the establishment of effective mediation structures.
Principles & Central Contact Points The Principles call for the establishment of a Central Contact Point for international family mediation in each State. This Central Contact Point is intended to facilitate the provision of information on available mediation services in the respective jurisdictions (there is no obligation to create new mediation services but take advantage of existing mechanisms if any). The establishment of structures for cross-border family mediation is equally relevant for cross border family disputes falling within the scope of the Hague 1980 Child Abduction, 1996 Child Protection, and 2007 Maintenance Conventions. Some States have already taken measures to implement the Principles in their jurisdictions and have designated Central Contact Points (among others, US, Canada,The Netherlands, Australia, France, Russia and Pakistan).
Central Contact Points should provide information: About available family mediation services including, list of mediators/organisations; costs; mediation models used etc. To assist with locating the other parent / the child On where to obtain advice on family law and legal procedures On how to give the mediated agreement binding effect On the enforcement of the mediated agreement
The HCCH invitates you to Make accessible to persons involved in cross border family conflicts, existing mechanisms / practices on amicable resolution of disputes Become parties to the four Hague Conventions that include provisions on amicable resolution of disputes. Designate Central Contact Points for International Family Mediation
MANY THANKS ! Ignacio Goicoechea Representative for Latin America and the Caribbean Hague Conference on Private International Law E-mail: ig@hcch.nl http://www.hcch.net
