Mediation in matters concerning parental responsability and international child abduction. Recognition and enforcement of agreements concluded during return proceedings.

Abstract

Mediation, as an alternative means of dispute settlement, is an assisted decision-making process which typically takes the form of facilitated negotiation. The mediator assists the parties in making decisions concerning the issues of their dispute and about the appropriate norms for the regulation of future relationships. This article examines the implications of mediation in international child abduction cases.

It begins with the analysis of mediation,as a means of dispute settlement, in general (2). Then, it reviews the RomanianLaw no 192/2006 on "mediation and the organisation of the mediator's profession" (3). We then address the importance of mediation in family matters (4); we define the concepts (5),present the advantages (6) and disadvantages (7) of mediation in the international and national context. Afterwards, we discuss the implication of internal mediation, in the national context, in relationship with settlements of family-related disputes (8). We address the law applicable to mediation settlements and the choice of law in related cases especially in cross-border mediation cases, pointing out the difference between the law applicable to the mediation agreement and the one applicable to the parental agreement (9). Lastly, we present the practices considered to be effective in child abduction cases, taken into account the Malta process and Declarations, and discuss the recognition and enforcement of the agreement concluded during return proceedings (10).