Mediation & Agreement

WHY IS MEDIATION ADVANTAGEOUS IN ABDUCTION CASES?

Aside from exceptional cases, in general there are distinct advantages in agreeing to a voluntary return in child abduction cases. This can save time, money, and emotional energy, by ending proceedings, instead of letting them drag out through the appeal system, and be in the children's best interests. Instead of investing all these in difficult legal proceedings, energy can be directed towards the future.

It allows a fairer deal for both parents regarding the conditions for the minors' return, as it allows the parties to negotiate through their respective legal counsel, rather than letting the court make an arbitrary decision regarding the undertakings in the foreign country, the practical workings of which he is unfamiliar. It also creates a more positive framework or platform for co-operation between the parents upon the minor's return.

A voluntary return may often be reached after hours of negotiation, even in the court corridors, when the judge orders a break in proceedings. Such an agreement can be signed by the parties in court and incorporated into a legally binding judgment, which can be recognized and enforced abroad. Such recognition and enforcement can even be built in as a condition of the agreement itself.

DO COURTS IN SOME COUNTRIES OFFER A MEDIATION OPTION?

Yes, a very small number of Hague Convention countries – such as the UK – are involved in a pilot project whereby a court hearing a Hague case will offer parents the opportunity of mediation with lawyers and appropriate professionals to facilitate this, before the plea is fought out in court. Israel is not part of this pilot project, but voluntary returns can be reached between warring parents, even in the middle of proceedings.

CAN VOLUNTARY RETURNS APPLY TO ISRAELI ABDUCTIONS?

Yes, and it does not matter if the children were abducted to or from Israel. The parents can reach a negotiated settlement authorised by the court hearing the plea for a voluntary return of the children. The following are examples of voluntary returns involving minors with dual nationality - Israeli and foreign - where one parent was originally Israeli.

In January 2005 a voluntary return was reached in a Hague Case before Tel Aviv family court, where the UK father, was represented by our legal practice. In March 2005 an Israeli father, whose Hague plea for the return of his children from Ireland, had been filed with the Central Authority by our legal practice, reached a voluntary return agreement, in the High Court in Dublin. A voluntary return was also reached for the return of two minors from Belgium to Israel in the Summer of 2004 . In this case our practice represented the Israeli father by filing the Hague Plea with the Central Authority in Israel ,obtaining an ex-parte declaratory judgment at Tiberias Family Court declaring Israel to be their home, and filing for custody there, too.

CAN A NEGOTIATED SOLUTION BE BEST RE RELOCATION?

Yes, sometimes, it may be preferable to try and negotiate a fair solution, if mediation seems likely or inevitable, especially if the professional reports submitted to court seem clearly in favour of this. A thoroughly negotiated solution can save time, money and emotions later, and may result in a better option than letting the judge set the conditions. A negotiated solution is likely to be more detailed and planned than a court judgment, and may prevent the need for costly appeals.

A negotiated solution is signed by the parties and approved by the court and incorporated into a judgment.

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Publications

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Download the articles here:
1.	Re R (Minors) (Abduction) Family Division (pdf)
2.	Parental Alienation Syndrome (pdf)

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