Document Type

Article

Disciplines

International Law

Abstract

Between October 30 and November 9, 2006, the Permanent Bureau of the Hague Conference met to initiate actions to create a universal alternative dispute resolution ("ADR"), primarily mediation, model to be used prior to initiating a Convention action.27 Currently, the mediation model employed in the United Kingdom and tested in a pilot study for international child abduction cases is being introduced internationally as the acceptable universal model. 8 This model employs common mediation practices to work towards more effectively accomplishing the goals of the Convention.29 However, the current model only discusses face-to-face mediation techniques.

While the ultimate goal of the mediation model should be to have the parties meet, given the international and potentially highly contentious nature of the disputes, online dispute resolution ("ODR") mechanisms should be explored as a potential procedural tool within this framework. Mediators are increasingly using ODR as a mediation technique.3 ODR had its inception within the e-commerce realm, but is beginning to be used more frequently in other disputes including family custody disputes.32 The use of ODR remains a controversial technique, but may provide a number of tangible benefits that are applicable to mediating International Child Abduction cases.33 This Note will address how mediation and ODR in particular can help further the Convention's primary goal of providing for the best interest of the child. Part II will discuss the content and goals of the Hague Convention on the Civil Aspects of International Child Abduction. Part III will discuss the continuing issues regarding compliance and enforcement of the Convention. Part IV and V will discuss the growing international acceptance of mediation as a dispute resolution tool, and in particular, its current use for Hague Convention disputes regarding international child abduction. Part VI will discuss the growing use and acceptance of Online Dispute Resolution. Finally, Part VI will discuss in more depth the potential benefits of applying online dispute resolution techniques within the current mediation model for international child abduction cases.

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