Background
In 2009, the Council on General Affairs and Policy (CGAP) of the Hague Conference on Private International Law (HCCH) authorised, in the context of the Malta Process, the establishment of a Working Party to promote the development of mediation structures to help resolve cross-border family disputes concerning custody of, or contact with, children, including cases of unilateral removal of a child to another State, where the Convention of 25 October 1980 on the Civil Aspects of International Child Abduction and the Convention of 19 October 1996 on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children do not apply between the concerned States.
It was through the collaboration and efforts of Working Party members that the Principles for the Establishment of Mediation Structures in the Context of the Malta Process were developed. Moreover, between 2010 and 2019, the Working Party members met on an annual basis, and the group regularly held regional seminars, bringing together academics, diplomats, subject matter experts, and other stakeholders. Due to the onset of the COVID-19 pandemic, meetings and events of the Working Party have not taken place since early 2020. In March 2024, CGAP endorsed the continuation of the Malta Process, including the resumption of activities of the Working Party on Mediation.
The purpose of this questionnaire is to gather the views of States on the Working Party, and to use the responses to inform its future activities and strategic direction. Please submit your responses to this questionnaire by or before 26 April 2024. All questionnaire responses will be compiled, and a discussion of the results will take place at a later date.