Key questions that arise in the delivery of international family mediation include:
- How does the public know that their family mediator is competent and adheres to an appropriate code of practice, including being insured for the provision of the service?
- Where is the jurisdiction of the agreement to mediate?
- Where is each party residing?
- Where are the children residing and are any Conventions applicable?
- Are the children residing in one country but attending a school in another?
- Does either party or any child have or will have a residence issue?
- Where are the assets of the family – property, shares, savings, pensions?
- Where is it intended that any mediated agreement/settlement would be enforced, and what are the relevant national legal systems (civil law versus common law), applicable laws, international treaties or conventions to be considered?
- How does mediation intersect civil justice systems; particularly where proceedings have already been initiated and it is agreed to adjourn for mediation?
- What are the cultural and legal differences between the parties involved?
- How can language barriers be addressed?
- How can the mediator address any power imbalances?
- What happens where one party does not comply with the agreement reached?