Rättsliga perspektiv på medling vid internationella bortföranden av barn : En undersökning av möjligheter och begränsningar samt medlarens roll

Sammanfattning

In this thesis, rules regarding mediation and mediators in cases of international child abduction within the European Union are examined. Particular attention is given to the circumstances under which mediation can be used and the ways in which mediation can accomodate the principle of the best interests of the child. Mediation has increasingly been promoted as a means of resolving disputes concerning children. Its benefits notably includes the flexibility to tailor solutions to the specific circumstances of each case whilst remaining a structured process. At the same time, the use of mediation in international child abduction entails its challenges, particularly due to power imbalances between the parties. If not carefully executed, mediation may interfere with the operation of return mechanisms within the legal framework concerning international child abduction, as well as with european human rights law. The general conclusion of this thesis is that mediation can function as a useful complement to judicial proceedings in cases of international child abduction. However, its legitimacy depends on a thorough assessment concerning the appropriateness of mediation in the particular case, an assessment which may, in practice be carried out by the mediator. This, in turn, underscores the importance of standards governing the role of mediators in cases of international child abduction. A significant responsibility rests with the mediator concerning how the mediation is conducted and ensuring that it does not conflict with the applicable legal framework.