Title: Cross-Border Mediation in Family Matters
Author: Kamila Zagórska
Language: Polish
Source: Chapter Six of Mediacje ponad podziałami: Prawnicza i Ekonomiczna Biblioteka Cyfrowa (2013)
Pages: 103–115
Abstract
This chapter explores the role and challenges of cross-border mediation in family law disputes within the European Union. As freedom of movement and demographic change increase the prevalence of transnational family situations, traditional court procedures can struggle to protect family relationships and the best interests of children. Mediation is examined as a complementary method that encourages dialogue and negotiated solutions tailored to the needs of the parties. The author reviews the relevant legal and institutional frameworks, including EU directives and international instruments, and discusses practical obstacles such as cultural and linguistic differences, legal diversity across jurisdictions, and the need for mediator competence. Emphasis is placed on mediation’s capacity to reduce conflict, support ongoing parental cooperation, and provide enforceable agreements that respect the legal systems of multiple states. The chapter also underscores the importance of voluntary participation, mediator skills, and cooperation among legal and mediation professionals in achieving effective outcomes in cross-border family disputes.