Mediation in child abduction cases under the 1980 Hague Convention : would it be an effective tool within the Maltese legal system?

Abstract

Mediation is becoming an increasingly popular alternative to litigation in the field of international parental child abductions. Although the 1980 Hague Convention was created to protect children from the harmful effects of abduction by providing a procedure to bring about their prompt return, mediation is increasingly being considered as a means of improving and promoting the objectives of the Convention. In Malta, the voluntary return of the child is achieved through negotiations with the taking parent conducted by the Malta Central Authority. The reality is that almost all international child abduction cases still end up in lengthy court proceedings for resolution and therefore the protection envisaged by the Hague Convention is being compromised. Although, under Maltese law mediation has been made mandatory for domestic family disputes, with regards to Hague Convention disputes, mediation does not feature. Thus, this thesis seeks to explore the possibility of adopting the use of mediation in the context of the 1980 Hague Convention within the Maltese Legal System. It examines what is meant by mediating international child abduction cases and sheds light on its benefits and specific challenges. This study also provides an insight on how Convention mediation is used in other Contracting States. The author also carried out one-to-one interviews with foreign and local experts who work in this field to provide a better understanding of Convention mediation. Whilst it is hoped that this study encourages a national debate about the use of mediation in the Convention context, it also advocates that mediation can add value to the present system. It concludes by proposing recommendations on how Malta could implement the use of mediation in Hague cases. This would result in more efficiency in the Maltese Courts but most importantly in protecting the best interests of children trapped in international child abduction disputes.