An Evaluation of the Long-Term Effectiveness of Mediation
In 2000 reunite was awarded a grant to investigate the use of mediation in cases of international parental child abduction involving the 1980 Hague Convention. The Mediation Pilot Scheme was an overwhelming success and in 21 of the 28 cases which progressed to a concluded mediation, the parents were able to agree a Memorandum of Understanding focused on the best interests of their child, thus avoiding a court enforced decision and future litigation. The Pilot Scheme therefore clearly demonstrated both that there is a role for mediation in resolving these highly contentious and emotional disputes, and also that parents are willing to embrace the use of mediation.
Such was the success of the Mediation Pilot Scheme that, on its completion, reunite made the decision to continue to offer a mediation service in cases of cross-border family disputes involving children and it now sits as one of the core activities of the organisation.
Once the mediation is concluded, there is normally no further contact with the family and therefore there is no evidence to suggest whether or not the Memoranda of Understanding reached within mediation are honoured, or even work in practice, or that mediation is an effective dispute resolution tool in the long-term.
Until a study is undertaken to determine the long-term effectiveness of mediation, there is neither the evidence to support the continued development of services focused on mediation in cross-border family disputes, nor the evidence to justify the possible need for the development of a private international law instrument in support of mediation, or indeed evidence which can form the basis for the direction of such an instrument.
We are pleased to welcome Di Kelly to reunite who is conducting a follow-up study to evaluate and measure the long-term effectiveness of mediation in those cases resolved through our specialist mediation service.
We believe that the findings from this study will provide a more fully informed understanding of the long-term value of mediation in such cases and it is hoped that useful conclusions may be developed which may assist in the debate on the future direction of mediation in such cases. Specifically the findings will:
- Provide an evidential basis to support and inform any decisions regarding the justification for a Hague instrument in this subject area;
- Provide an evidential basis to support and inform the future direction of reunite´s mediation service;
- Provide an evidential basis to inform the future direction of mediation services in Hague Convention States and assist in building the capacity and structure of such services;
- Inform and support the Permanent Bureau Working Group when drawing up a plan of action for the development of mediation services between Hague and Non-Hague States.