Perspectives of Mediation as a Consensual Dispute Resolution Tool under the Convention on the Civil Aspects of International Child Abduction
The article is devoted to mediation as consensual method of dispute resolution within the framework of the 1980 Hague Child Abduction Convention. The authors justify the advantages of mediation with a view to secure the best interests of a child. In particular, mediation may facilitate more expedite...
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
North-West Institute of Management, Branch of Russian Presidential Academy of National Economy and Public Administration (RANEPA)
2024-01-01
|
| Series: | Теоретическая и прикладная юриспруденция |
| Subjects: | |
| Online Access: | https://www.taljournal.ru/jour/article/view/330 |
| _version_ | 1797201501853057024 |
|---|---|
| author | A. P. Klementiev A. A. Ilkevich |
| author_facet | A. P. Klementiev A. A. Ilkevich |
| author_sort | A. P. Klementiev |
| collection | DOAJ |
| description | The article is devoted to mediation as consensual method of dispute resolution within the framework of the 1980 Hague Child Abduction Convention. The authors justify the advantages of mediation with a view to secure the best interests of a child. In particular, mediation may facilitate more expedited return of a child when compared to court procedures as well as exert a positive impact on its emotional status. Although mediation itself is not mentioned in the convention, Hague Conference on Private International Law managed to fill the said gap by the publication of the mediation guide applicable to cross-border transfer and retention of children. Apart from the analysis of the guide, authors provide examples of court rulings involving international disputes and illustrating the attempts to introduce mediation into international child abduction cases at the initiative of the court or central authority as well the parents of the removed or retained child. Unfortunately, such attempts prove to be unsuccessful in the overwhelming majority of cases, therefore the work aimed at implementation of mediation into such disputes should be intensified. |
| first_indexed | 2024-03-08T08:45:50Z |
| format | Article |
| id | doaj.art-14f8bd12384e4079af8958e50d8b9f3e |
| institution | Directory Open Access Journal |
| issn | 2686-7834 |
| language | English |
| last_indexed | 2024-04-24T07:48:33Z |
| publishDate | 2024-01-01 |
| publisher | North-West Institute of Management, Branch of Russian Presidential Academy of National Economy and Public Administration (RANEPA) |
| record_format | Article |
| series | Теоретическая и прикладная юриспруденция |
| spelling | doaj.art-14f8bd12384e4079af8958e50d8b9f3e2024-04-18T13:39:47ZengNorth-West Institute of Management, Branch of Russian Presidential Academy of National Economy and Public Administration (RANEPA)Теоретическая и прикладная юриспруденция2686-78342024-01-0104889810.22394/2686-7834-2023-4-88-98210Perspectives of Mediation as a Consensual Dispute Resolution Tool under the Convention on the Civil Aspects of International Child AbductionA. P. Klementiev0A. A. Ilkevich1National Research University Higher School of EconomicsNational Research University Higher School of EconomicsThe article is devoted to mediation as consensual method of dispute resolution within the framework of the 1980 Hague Child Abduction Convention. The authors justify the advantages of mediation with a view to secure the best interests of a child. In particular, mediation may facilitate more expedited return of a child when compared to court procedures as well as exert a positive impact on its emotional status. Although mediation itself is not mentioned in the convention, Hague Conference on Private International Law managed to fill the said gap by the publication of the mediation guide applicable to cross-border transfer and retention of children. Apart from the analysis of the guide, authors provide examples of court rulings involving international disputes and illustrating the attempts to introduce mediation into international child abduction cases at the initiative of the court or central authority as well the parents of the removed or retained child. Unfortunately, such attempts prove to be unsuccessful in the overwhelming majority of cases, therefore the work aimed at implementation of mediation into such disputes should be intensified.https://www.taljournal.ru/jour/article/view/330mediationchild abductionwrongful removalwrongful retentioninterests of a childhague conventionamicable resolutiondispute settlementinternational family law |
| spellingShingle | A. P. Klementiev A. A. Ilkevich Perspectives of Mediation as a Consensual Dispute Resolution Tool under the Convention on the Civil Aspects of International Child Abduction Теоретическая и прикладная юриспруденция mediation child abduction wrongful removal wrongful retention interests of a child hague convention amicable resolution dispute settlement international family law |
| title | Perspectives of Mediation as a Consensual Dispute Resolution Tool under the Convention on the Civil Aspects of International Child Abduction |
| title_full | Perspectives of Mediation as a Consensual Dispute Resolution Tool under the Convention on the Civil Aspects of International Child Abduction |
| title_fullStr | Perspectives of Mediation as a Consensual Dispute Resolution Tool under the Convention on the Civil Aspects of International Child Abduction |
| title_full_unstemmed | Perspectives of Mediation as a Consensual Dispute Resolution Tool under the Convention on the Civil Aspects of International Child Abduction |
| title_short | Perspectives of Mediation as a Consensual Dispute Resolution Tool under the Convention on the Civil Aspects of International Child Abduction |
| title_sort | perspectives of mediation as a consensual dispute resolution tool under the convention on the civil aspects of international child abduction |
| topic | mediation child abduction wrongful removal wrongful retention interests of a child hague convention amicable resolution dispute settlement international family law |
| url | https://www.taljournal.ru/jour/article/view/330 |
| work_keys_str_mv | AT apklementiev perspectivesofmediationasaconsensualdisputeresolutiontoolundertheconventiononthecivilaspectsofinternationalchildabduction AT aailkevich perspectivesofmediationasaconsensualdisputeresolutiontoolundertheconventiononthecivilaspectsofinternationalchildabduction |