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Legal context of cross-border mediation



National

General provisions on mediation are generally applying to family disputes.

European / international

The implementation of this method for the resolution of conflicts is forseen or enhanced by several European and international instruments.

At European Union level:

Link opens in new windowDirective 2008/52/EC of the European Parliament  and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters

- Link opens in new windowCouncil Regulation (EC) n°2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) n°1347/2000

- Link opens in new windowCouncil Regulation (EC) n°4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations

At the Hague Conference of private international law:

-  Hague Convention of 25 October 1980 on civil aspects of international child abduction

-  Hague Convention of 19 October 1996 on jurisdiction, applicable law, recognition, enforcement and cooperation in respect of parental responsibility and measures for the protection of children

-  Guide  to good practice on mediation in particular under the Hague Convention of 25 October 1980 on the civil aspects of international child abduction

At Council of Europe level:

-  Link opens in new windowRecommandation No.R (98)1 of the Committee of Ministers to Member States on family mediation adopted on 21 January 1998

-  Link opens in new windowRecommandation Rec (2002) 10 of the Committee of Ministers to Member States on mediation in civil matters

At the European Parliament level:

-  Link opens in new windowStudy of the European Parliament

Other useful links

To find a mediator specialised in cross-border family mediation follow the link: Link opens in new windowhttp://www.crossbordermediator.eu/


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Last update: 12/06/2015