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ALTERNATIVE DISPUTE RESOLUTION FOR HAGUE CONVENTION CHILD CUSTODY DISPUTES*
Author(s) -
Pawlowski Radoslaw
Publication year - 2007
Publication title -
family court review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.171
H-Index - 4
eISSN - 1744-1617
pISSN - 1531-2445
DOI - 10.1111/j.1744-1617.2007.00145.x
Subject(s) - arbitration , mediation , treaty , convention , law , child custody , political science , alternative dispute resolution , dispute resolution
This note explains that an Alternative Dispute Resolution (ADR) protocol should be adopted as part of the Hague Convention on the Civil Aspects of International Child Abduction to facilitate the amicable resolution of cross‐border child custody cases. It suggests that national ADR models should be used as a guide to improve this treaty. First, this note brings to light the negative effect of cross‐border litigation on children as well as the complexities and the deficiencies of this international treaty. Second, it examines mediation and arbitration systems employed in the United States, Europe, and Australia and how these can be transposed on the international scale. Third, it proposes how the ADR protocol should be drafted and implemented. A sound ADR mechanism would alleviate the unfortunate conditions of children trapped in long and destructive international child custody battles.