WHY IS MEDIATION ADVANTAGEOUS IN ABDUCTION CASES?
Except in extreme cases where the abducting parent (usually the mother) has a genuine,and strong defence, it may be advisable to consider a voluntary return, and even negotiate on conditions, rather than being labelled as an abducting parent, which can impact negatively in proceedings back in the home country. This can save time, money, and emotional energy, by ending proceedings, instead of letting them drag out through the appeal system, and be in the children's best interests. Instead of investing all these in difficult legal proceedings, energy can be directed towards the future.
It allows a fairer deal for both parents regarding the conditions for the minors' return, as it allows the parties to negotiate through their respective legal counsel, rather than letting the court make an arbitrary decision regarding the undertakings in the foreign country, the practical workings of which he is unfamiliar. It also creates a more positive framework or platform for co-operation between the parents upon the minor's return.
A voluntary return may often be reached after hours of negotiation, even in the court corridors, when the judge orders a break in proceedings. Such an agreement can be signed by the parties in court and incorporated into a legally binding judgment, which can be recognized and enforced abroad. Such recognition and enforcement can even be built in as a condition of the agreement itself.