Under the current domestic resolution of Convention disputes, courts must choose winners and losers. With the option of international mediation, courts would be more inclined to return children to their States of habitual residence promptly because those courts would be assured of their citizens’ safety abroad. Such safety could be satisfied through a wide range of mediated agreements. Successful implementation of international mediation in Hague Abduction Convention proceedings would thus significantly improve compliance, replacing the current “black or white” judicial approach with a more flexible, opportunistic system in which any combination of colors is possible.
The United States versus Japan as a Lesson Commending International Mediation to Secure Hague Abduction Convention Compliance,
San Diego Int'l L.J.
Available at: http://digital.sandiego.edu/ilj/vol16/iss1/5