About Mediation & Negotiation
Mediation/Negotiation to Return Abducted Children
Dabbagh & Associates has successfully mediated/negotiated the return of children that have been internationally abducted to non-Hague countries.
Mediation/negotiation is supported by the Hague and mediators are specifically trained beyond State Court Requirements. Mediation is becoming increasingly available for cases of international child abduction. Currently, the UK, Spain, and other European countries have put into place mediation for families wishing to resolve cases of international child abduction to Hague countries. The mediation approach is similar to traditional family court mediation.
Dabbagh & Associates provides mediation and negotiation services in both Hague and non-Hague countries. Our mediators are state certified as well as specifically trained in international abduction. Their experience is international. Dabbagh & Associates upholds the highest standards in professional ethics and accountability.
Mediation offers many advantages. The parties to a dispute can work together to come to a resolution that they agree upon - without litigating in court. Mediation is confidential and the mediator serves as a neutral party, not taking sides. Mediators do not give legal advice and mediation can saves the disputants money by settling outside of court.
A mediator is not a mediator is not a mediator!
State Courts certify mediators in specific areas. A mediator may be certified for cases referred from Civil court, Juvenile, and/or Domestic Relations. Each requires specific training and separate certification. Still yet, other countries may differ in their requirements.
Mediators providing services in cases of international child abduction are generally recognized and/or listed with central authorities or other agencies involved in international child abduction. Both the USA and Europe has standards of education, ethical requirements, and protocols established that mandate specific actions and behavior of mediators.
Negotiation is different than mediation. While ethical standards and professional accountablity does not change, the methodology may be more suitable in certain cases.
Mediation is not appropriate for all cases. However, more and more families are turning to mediation and negotiation in order to resolve cross border custody disputes. If you believe that mediation or negotiation might be right for you, or if you have questions, please feel free to contact us.
Individuals seeking mediation services for cross border custody disputes should always get references and understand the training and certification of an individual.
Mediation Experience in Abduction Cases
Mediating the Return of internationally abducted children is still a new field, even though agencies have been working on models for many years. While credentials are important, so is experience. If a mediator is not qualified to prepare and submit a settlement agreement to courts involved, the parties may be left without any enforcement of their agreement.
Ms. Dabbagh's first mediated return of an internationally abducted children was from Iran in 1995. At that time, there was no working model. For the next ten years, Maureen Dabbagh worked on many cases, utlizing mediation and negotiation methodologies. Ms. Dabbagh as well as her associates sought training and education in the area of conflict resolution from a variety of sources, to meet the challenges that they faced in mediating cases in a global arena. Dabbagh & Associates are crossed trained, certified, experienced, and qualified in mediating international child abduction cases.
The results has been a steady increase in the number of cases that have been successfully resolved using mediation and negotiation processes.
Certified Mediators & Advanced Training in Cross Border Custody Disputes
A parent searching for their internationally abducted child is responsible for overseeing their case. It can be a most frustrating and dis-heartening task, especially when the professionals tasked with providing assistance and service are not providing effective services. Many parents are forced to provide legal, technical and supporting information to the very professionals that are tasked with assisting them with their case. The burden can be unrelenting.
Professional accountability for those offering professional services to the families of internationally abducted children is a must. As a result, Dabbagh and Associates maintains the highest standards of ethics and professional accountability, which include:
- Confidentiality
- Certified Mediators
- Certified support personnel
- Does not act as legal advisors
- Works in cooperation and coordination with agencies & authorities involved in case
- Seeks to provide effective, long term resolution
Dabbagh & Associates believes that continuing education is an absolute must in the field of international child adbuction mediation. As a relatively new field, there continues to be no absolute certification and qualification requirements beyond State Court, to mediate. Continuing educaton allows for our professionals to:
- Understand the Negotiation process as they relate to high-conflict and intractable disputes
- Increase awareness and effectiveness in understanding multi-cultural mediation
- Expand and build on the principles of mediation by adapting effective elements of cross-training
Is Mediation for You?
There are a lot of reasons to utilize mediation as a form of conflict resolution. Unfortunately, not all cases are suited for mediation. Mediation is a preferred method of conflict resolution because:
- It allows both parties to reach an agreement that they both agree on.
- It is less costly than litigation/arbitration.
- It can take much less time to resolve than litigation/arbitration...or in cases of intractable conflicts, may be the only option.
- Parents agreeing to mediate have an opportunity to discuss issues such as visitation and custody. They have the opportunity to agree upon a plan that would allow the child access to both through various methods, programs, and schedules. By mediating, the child is protected from long-term, vexatious litigation.
