Cross-border mediation

What is mediation?

Mediation is a way of resolving family disputes in which the parties to the dispute, aided by an impartial and independent third party - the mediator, engage with one another to negotiate a mutually acceptable outcome. The mediator (NB there can sometimes be two, particularly in cross-border disputes) is restricted to facilitating discussions between the parties.

Mediation is a voluntary process. It is also confidential which means that what has been discussed during mediation can generally not be used in any subsequent court proceedings. Exceptions to this rule include instances where there are serious concerns for the welfare of a child. Whether the content of discussions can be disclosed to courts overseas will depend on the laws of that particular country. Parents are advised to take legal advice on this before embarking on mediation. Lists of English speaking lawyers overseas can be obtained by contacting the Child Abduction Section at childabduction@fco.gov.uk.

What is the process and how much will it cost?  

This will vary depending on the mediator used. More information can be obtained from the following organisations.

Reunite International Child Abduction Centre has professionally trained mediators experienced in dealing with cross-border mediation. To date they have mediated in more than 90 cases of abduction. The FCO have provided funding to Reunite to develop mediation as a means of resolving disputes in both Egypt and Pakistan. For more information on the mediation service offered by Reunite, telephone +44 (0)116 2555 345 or e-mail reunite@dircon.co.uk.

The charity Children and Families Across Borders may also be able to act as mediators in cross-border disputes, particularly in cases of abduction to Libya. For more information please call +44 (0)20 7735 8941 or e-mail info@cfab.uk.net.

Both organisations are charities which run mediation services independently of Government.

How can I ensure that my partner will stick to what was agreed during mediation?

Parties that wish their mediated agreements to become legally binding in England and Wales may approach the court, directly or via their lawyers, to endorse their agreement by way of a court ‘consent’ order (providing the terms are fair and not contrary to public policy). This route would enable an aggrieved party to seek enforcement in England and Wales by issuing court proceedings to enforce the consent order. A mediated agreement may also be formalised through a document drawn up by the parties’ legal advisers, although without a court order this would not be enforceable if breached by either party.

In Scotland, a minute of agreement can be drawn up showing what was agreed through mediation and registered with the Books of Council and Session. A minute of agreement registered for execution has the same effect as a court decree. An unregistered minute of agreement could only be enforced through a court order.

In Northern Ireland

Legal advice should be sought overseas on whether it is possible to register a mediated agreement with the courts of the country concerned. The Child Abduction Section can provide country-specific lists of English-speaking lawyers if you wish to pursue this course of action. Please contact the Section by telephone, +44 (0)207 008 0878, or e-mail – childabduction@fco.gov.uk.