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2010 J. Disp. Resol. 297 (2010)
The Pitfalls and Possibilities of Using Technology in Mediating Cross-Border Child Custody Cases

handle is hein.journals/jdisres2010 and id is 301 raw text is: The Pitfalls and Possibilities of Using Technology in Mediating Cross- Border Child Custody Cases Melissa A. Kucinski* I. INTRODUCTION Technology is all around us. It is becoming more commonplace and more af- fordable. As U.S. Secretary of State, Hillary Clinton, remarked in her January 21, 2010 speech on Internet Freedom, [l]et us make these technologies a force for real progress the world over.' Secretary Clinton made specific reference to the hopeful occurrence only days earlier when a young girl, who was buried in earth- quake rubble in Port-au-Prince, Haiti, was pulled to safety. The girl was found because she used technology, in the form of a cell phone with text messaging to guide others to her. Technology is allowing people to have a voice, to be heard, and will no doubt be an increasingly important tool for mediators in cross-border disputes. In some cases, with a mother on one continent, a father on another, and a mediator on a third. Technology can enable people to discuss critical issues without the need to be present in the same room. A mediator helps two parties communicate effectively to reach a mutually ac- ceptable solution to a dispute. A family mediator is skilled in managing complex emotional issues internalized in parents debating the future of their child. As complicated as managing the issues of a domestic case can be, a family mediator working with parents in cross-border custody disputes must additionally account for the physical separation between parent and child. Adding yet another layer of complexity is the possibility of an international parental abduction-a compli- cated legal issue marked by urgency and perhaps hostility. Mediating an interna- tional parental abduction case is anything but easy, yet it is becoming a viable option for two parents who elect to cooperatively resolve issues related to their child without court intervention. This paper will explore current efforts to ensure parents have the opportunity to elect voluntary mediation with a skilled international family mediator to resolve issues stemming from one parent traveling to another country with the parties' ' Ms. Kucinski is a family law attorney and mediator with Bulman, Dunie, Burke & Feld, Chtd. in Bethesda, Maryland, U.S.A. She holds degrees in cultural anthropology, international peace and conflict resolution, and law. She has previously published papers on conflict of laws issues in family law, as well as cultural issues in mediating international parental abduction matters. Her Master's degree thesis was a self-created and executed evaluation and report of the Maryland small claims court's alternative dispute resolution program. Ms. Kucinski previously participated in a U.S. working group, as a private member of the bar, reviewing the issues in mediating these cases, and is currently a member of the U.S. Secretary of State's Advisory Committee on Private International Law. She is also a co-founder of the Global Justice Initiative, a non-governmental organization which is working to develop and promote mediation in international parental abduction and cross-border custody matters. 1. Hillary Rodham Clinton, Secretary of State, Remarks on Internet Freedom (Jan. 21, 2010), http://www.statc.gov/secretary/rm/2010/01/135519.htm.