Mediating international child abduction cases : the Hague Convention / / Sarah Vigers

• Record Nr.: UNINA9910953473303321
• Autore: Vigers Sarah
• Pubbl/distr/stampa: Oxford ; ; Portland, Oregon : , : Hart Publishing, , 2011
• ISBN: 9786613529367; 9781847318657; 1847318657; 9781472565723; 147256572X; 9781280125508; 1280125500; 9781847318381; 184731838X
• Edizione: [1st ed.]
• Descrizione fisica: 1 online resource (137 p.)
• Collana: Studies in private international law ; ; v. 7
• Disciplina: 345.0254
• Soggetti: Dispute resolution (Law); Kidnapping victims - Legal status, laws, etc; Mediation; Parental kidnapping
• Lingua di pubblicazione: Inglese
• Formato: Materiale a stampa
• Livello bibliografico: Monografia
• Note generali: Description based upon print version of record.
• Nota di bibliografia: Includes bibliographical references (pages [99]-114) and index.
• Nota di contenuto: 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.
• Sommario/riassunto: "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."--Bloomsbury Publishing.