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40 U. Miami Inter-Am. L. Rev. 1 (2008-2009)
Practical and Ethical Implications of Mediating International Child Abduction Cases: A New Frontier for Mediators

handle is hein.journals/unmialr40 and id is 9 raw text is: ARTICLES Practical and Ethical Implications of Mediating International Child Abduction Cases: A New Frontier for Mediators Jennifer Zawid* I. INTRODUCTION ....................................... 2 II. BACKGROUND ........................................ 4 A. The Problem of International Child Abduction... 4 B. The Hague Convention ........................... 6 III. THE ROLE OF MEDIATION IN INTERNATIONAL CHILD ABDUCTION CASES ................................... 9 A. Recent Initiatives in Europe and South America. 9 B. Efforts to Develop an International Family Abduction Mediation Program in the United S tates ............................................ 16 IV. AN ExAMINATION OF THE RISKS AND BENEFITS OF MEDIATING INTERNATIONAL CHILD ABDUCTION CASES. 18 * Assistant Professor of Clinical Legal Education at the University of Miami School of Law. I would like to thank the following individuals, in no particular order, for their support and encouragement during the writing of this paper. My parents Drs. Joseph and Carole Zawid, my husband Peter Hickey, my children Leah, Noah and (born in the midst) Maya, Denise Carter, Melvin Rubin, Julia Alanen, Kevin Gaunt and Professor Keith Rosenn (for their incredible faith in me and commitment to publish a symposium before seeing a single draft!), Susan Rohol, Yiota Souras, David O'Brian, Melissa Kucinski, Professor Timothy Arcaro, Professor Sarah Mourer, Professor Douglas Frenkel, Professor Donna Coker, Professor Steven Schnably, Professor Michael Froomkin, Professor Caroline Bradley, Professor Bruce Winick, Professor Fran Tetunic, Sarah Vigers, Ignacio Goicoechea, Mihaela Cabulea, and Buck Buchanan. Finally, I would like to thank all the conference attendees who traveled from the various corners of the globe to spend three (thankfully glorious) days with me in Miami and become absorbed in a topic that had never quite been taught before in the United States. You inspired me. This paper is dedicated to the children all over the world, some in your backyard, who have been victimized by the tragedy of international child abduction. In the wee hours of the night as I attempted to write this paper, I remembered them. I also remembered the voices of their parents when they called for help, desperate for somebody to intervene, to provide answers, to find a way out of the legal nightmare that enveloped their lives. I hope that this symposium and the conference at the University of Miami in February 2008 that birthed it, will help energize the movement in the United States-started by those far wiser and more experienced than myself-to develop a mediation program to better respond to the crisis of international child abduction.