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Vol 21 No 10 Oct/Nov 2016

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Criminal Injuries Compensation Claims

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Mediating International Child Abduction Cases: The Hague Convention


ISBN13: 9781849461818
Published: October 2011
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £55.00



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Also available as
£45.82
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There is growing enthusiasm for the use of mediation to seek to resolve cases arising under the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (the Convention).

However, despite being endorsed by the conclusions of meetings of experts, judicial comment and even legislative changes, there have been relatively few cases where mediation has played a significant role. It is suggested that the reason underlying this dichotomy between the widespread support for the use of mediation and the current limited practice is that there are several key questions regarding the use of mediation in the context of the Convention which remain to be answered.

Specifically: what is meant by Convention mediation? How can a mediation process fit within the constraints of the Convention? And why offer mediation in Convention cases given the existing legal framework? This book addresses these questions and in so doing seeks to encourage a movement from enthusiasm about the use of mediation in the Convention context to greater practice.

Subjects:
Conflict of Laws, Family Law
Contents:
1. INTRODUCTION
I. Aim and Purpose
II. Structure and Scope
III. Background and Context
IV. Conclusion
2. WHAT IS CONVENTION MEDIATION?
I. Introduction
II. Definitional Difficulties
III. Place in the Procedure IV. Conclusion
3. HOW CAN A MEDIATION PROCESS FIT WITHIN THE CONSTRAINTS OF THE CONVENTION?
I. Introduction
II. Convention Mediation as a Specialism
III. Responding to Specific Challenges
IV. Conclusion
4. WHY MEDIATE IN CONVENTION CASES?
I. Introduction
II. Responding to Concerns Surrounding the Operation of the Convention
III. Additional Added Value
IV. Conclusion
5. THE VOICE OF THE CHILD
I. Introduction
II. The Voice of the Child in Mediation
III. The Voice of the Child in Convention Court Proceedings
IV. The Voice of the Child in Convention Mediation
V. Conclusion
6. CONCLUSIONS
I. From Enthusiasm ... II... To Action

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