What is Mediation?

Mediation is when two parties agree to work with a trained, impartial professional to come to an agreement. Mediation can take many different forms. This depends on the location of the parties, the context of the dispute, and the preferences of the parties and mediator(s). When both parties are in different locations, the mediation may be done online. Mediation may be done by telephone, videoconference, or other suitable means of communication. When parents are in different countries, this can be useful, especially if one parent cannot travel.

Mediation can help the parents resolve their differences. Both parties must be willing to follow the agreement. Once reached, the parties can petition a court to turn their agreement into an enforceable order.

You should always consult with your legal representative before starting any process. Your attorney can tell you if mediation may or may not be the right option based on your situation. Some parties may try to use mediation to delay the filing of a Hague Convention return case. Hague cases should be filed within 12 months of the wrongful removal or retention. Your attorney can tell you if pursuing mediation may impact your Hague case. The Office of Children's Issues can inform you about mediation programs in the United States and other countries. However, we cannot give advice about whether or how to proceed.

More about Mediation:

• Mediation is generally a private process. This is different from most court proceedings, which are open to the public.
• In general, a mediated settlement is less expensive than resolving differences through litigation.  
• A long-term agreement may prevent unnecessary upheaval for the child. It can also reduce conflict between the parties.

Mediation in the United States:

There are many different models of mediation. The mediation process varies throughout the United States. Unlike some countries, there is not uniform standard training or qualification for mediators in the United States. Mediators may be psychologists, attorneys, or a combination of these and other professions. Mediation organizations, attorneys, and universities may be helpful resources in pursuing mediation. Mediators in the United States may be able to work with mediators in another country where one party is located abroad.

More Resources:

Below are some resources that parents may consider. This list is provided as a courtesy only. The Department of State assumes no responsibility or liability for the professional ability, or the quality of services provided by the organizations included in this list. Inclusion on this list does not constitute an endorsement or recommendation of any organization or individual attorney by U.S. Department of State. Any fees associated with services should be discussed with the mediation programs directly.

U.S. RESOURCES:

• Hague Convention Mediation Program
• Hague Convention Mediation Program - Spanish Translation
• The Academy of Professional Family Mediators
• American Bar Association Family Law Section:

            ABA Section of Family Law 
            Phone: (312) 988-5145      
            E-mail: Familylaw@americanbar.org

• American Bar Association International Law Section:

            Phone: (202) 662-1660 (general inquiries)                                     

• Association for Conflict Resolution
• Association of Family Law and Conciliation Courts
• Mediate.com
• State and local bar associations
• Some university law clinics may be able to assist with mediation. The following universities have informed us they are willing to consider cases and applicants may contact them directly:
•     University of Baltimore
•     University of Pennsylvania

INTERNATIONAL RESOURCES: 

• The European Parliament Mediator for International Parental Child Abduction
• The Hague Conference of Private International Law Child Abduction Section and the Working Party on Mediation
• International Academy of Family Lawyers
• International Child Abduction Centre
• International Mediation Institute
• International Social Service
• Mediators Beyond Borders
• MiKK
• Reunite

Notice: The listing of these organizations and publications is not an endorsement or recommendation by the U.S. Department of State. The Department of State is not responsible for the information provided, and this is not legal advice.