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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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2023-06-01
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| Series: | Challenges of the Knowledge Society |
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| 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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| _version_ | 1850039175243366400 |
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| author | Anca Magda VOICULESCU |
| author_facet | Anca Magda VOICULESCU |
| author_sort | Anca Magda VOICULESCU |
| collection | DOAJ |
| description | 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. |
| format | Article |
| id | doaj-art-d08871640114489fa3d4a572292d627f |
| institution | DOAJ |
| issn | 2068-7796 |
| language | English |
| publishDate | 2023-06-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-d08871640114489fa3d4a572292d627f2025-08-20T02:56:24ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962023-06-01161193204MEDIATION IN INTERNATIONAL FAMILY DISPUTESAnca Magda VOICULESCU0PhD, Judge at Bucharest Tribunal, seconded at the Ministry of Justice, Directorate of International Law and Judicial Cooperation; Trainer in family law at Romanian National Institute of Magistracy; Romanian designated Judge in International Network of Hague Judges for 1980 Hague Convention on the Civil Aspects of International Child Abduction; associate teacher in Family Law at the Faculty of Law within the Academy of Economic Studies (e-mail: ancamagda.voiculescu@gmail.com).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.http://cks.univnt.ro/download/cks_2023_articles%252F2_CKS_2023_PRIVATE_LAW%252FCKS_2023_PRIVATE_LAW_014.pdffamily lawalternative methods of amicable resolutionmediationinternational abductionprevention |
| spellingShingle | Anca Magda VOICULESCU MEDIATION IN INTERNATIONAL FAMILY DISPUTES Challenges of the Knowledge Society family law alternative methods of amicable resolution mediation international abduction prevention |
| title | MEDIATION IN INTERNATIONAL FAMILY DISPUTES |
| title_full | MEDIATION IN INTERNATIONAL FAMILY DISPUTES |
| title_fullStr | MEDIATION IN INTERNATIONAL FAMILY DISPUTES |
| title_full_unstemmed | MEDIATION IN INTERNATIONAL FAMILY DISPUTES |
| title_short | MEDIATION IN INTERNATIONAL FAMILY DISPUTES |
| title_sort | mediation in international family disputes |
| topic | family law alternative methods of amicable resolution mediation international abduction prevention |
| url | http://cks.univnt.ro/download/cks_2023_articles%252F2_CKS_2023_PRIVATE_LAW%252FCKS_2023_PRIVATE_LAW_014.pdf |
| work_keys_str_mv | AT ancamagdavoiculescu mediationininternationalfamilydisputes |