The Hague Convention (Convention on the Civil Aspects of International Child Abduction)　

To resolve cases involving the removal of a child or issues regarding contact with a child, it is highly beneficial, from the viewpoint of the child’s welfare, to seek an amicable resolution through voluntary discussions between both parents.
To that end, the Ministry of Foreign Affairs (MOFA) provides both parties of Hague Convention cases with information of Alternative Dispute Resolution (ADR) institutions, and financially supports the use of their services, based on Article 9 of the Act on Implementation of Convention on the Civil Aspects of International Child Abduction.

"Mediation facilitated by ADR institutions" provides an opportunity for both parties to discuss and resolve their issues through the mediation of impartial third parties.

In cases where the two parties are in a dispute over the return of a child or issues regarding contact with a child, it is common that the concerned parties do not enjoy an amicable relationship with each other. In many cases, the parties do not know what and how to discuss, or what to decide, and may find it tremendously difficult to hold discussion and reach an amicable resolution on their own.

However, if both parties intend to seek a resolution through discussion for the sake of the child, they can benefit from mediation facilitated by ADR institutions. ADR mediation offers several advantages:

1. Parties can attend ADR sessions online.
2. Sessions can be scheduled flexibly to fit both parties’ availability.
3. Mediation fees are covered by MOFA up to a certain limit.
4. Parties have opportunity to discuss not only the return of the child or contact with the child, but also other matters such as custody and child support. (Please note that additional fees may apply if the parties discuss matters beyond the return of the child or contact with the child.)

On the other hand, there are some points to be taken into consideration:

1. One party cannot compel the other to attend ADR sessions. For instance, if the other party initially agreed to mediation but subsequently decided not to participate, then holding a session to reach a resolution becomes impossible.
2. A settlement agreement alone cannot make immediate compulsory execution possible when the agreement is breached. Compulsory execution of the agreement in the case of breach may be possible by following relevant procedures.

As the chart above shows, ADR procedures begin with the submission of an application by a party. In general, mediators will be assigned by an ADR institution, and hearing schedules will then be notified to the parties. There may be multiple hearings.
Once the parties have reached an agreement following the hearings, the ADR institution will draw up a settlement agreement and close the case. If the parties do not reach an agreement, the case will be closed as well.
In cases where the parties have reached an agreement and wish to make the agreement legally enforceable, procedures may be undertaken to make a written arbitration decision at the ADR institution or a conciliation record at a Family Court, depending on the terms of the agreement.
Details of procedures vary among ADR institutions. For more information, please inquire directly with the relevant ADR institution.

• List of Commissioned ADR Institutions