This paper will explore current efforts to ensure parents have the opportunity to elect voluntary mediation with a skilled international family mediator to resolve issues stemming from one parent traveling to another country with the parties' child, against the wishes of the co-parent. Additionally, this paper will explore, in general, the practical and substantive considerations in mediating a cross-border child custody case, with a focus on one issue of primary concern-the use of technology in these mediations. The paper will additionally include a discussion on whether technology will hinder or help resolution when considering cultural differences. Many mediators prefer to mediate a dispute face-to-face, however, that is often times impossible. One parent may be unable to travel for practical (i.e. the cost) or logistical (i.e. unable to obtain a visa) reasons. Therefore, some mediators may have no choice but to use technology to facilitate mediation between parents. By understanding the international scope of mediation and how technology is being utilized, and more importantly, can be utilized, mediators may be able to expand the number of parents able to be helped with cross-border child custody disputes.
Melissa A. Kucinski,
Pitfalls and Possibilities of Using Technology in Mediating Cross-Border Child Custody Cases, The,
2010 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol2010/iss2/4