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Mediating International Child Abduction Cases: The Hague Convention: Studies in Private International Law

Autor Sarah Vigers
en Limba Engleză Hardback – 6 oct 2011
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.This title is included in Bloomsbury Professional's Family Law online service.
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Specificații

ISBN-13: 9781849461818
ISBN-10: 1849461813
Pagini: 126
Dimensiuni: 156 x 234 x 12 mm
Greutate: 0.35 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Studies in Private International Law

Locul publicării:London, United Kingdom

Notă biografică

Sarah Vigers worked for three years as a Legal Officer at the Hague Conference on Private International Law. She subsequently completed a research masters degree at Aberdeen University and is a family mediator.

Cuprins

1. INTRODUCTION I. Aim and PurposeII. Structure and ScopeIII. Background and Context IV. Conclusion 2. WHAT IS CONVENTION MEDIATION? I. Introduction II. Definitional DifficultiesIII. 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 ChallengesIV. Conclusion 4. WHY MEDIATE IN CONVENTION CASES? I. IntroductionII. 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

Recenzii

I shall certainly be recommending this book with enthusiasm to all my students.Vigers book will be required reading for the team that secures the research contract recently announced by the European Parliament for a study on 'Cross-border parental child abduction'.

Descriere

There is growing enthusiasm for the use of mediation to resolve cases arising under the Hague Convention on the Civil Aspects of International Child Abduction, but relatively few cases where mediation has played a significant role. This book addresses the reasons for this dichotomy.