Mediation offers great added value for ‘international couples’, where partners have different nationalities or with nationalities that differ from their place of residence. These are often international entrepreneurs, expats, doctors and diplomats. These couples regularly face the complexity of international rules when facing a family dispute.
For instance, in the case of an international divorce, one of the first discussions is immediately which country has jurisdiction over the divorce proceedings. To make it even more complex, the answer to that question may differ depending on, for example, the arrangement for the children or the alimony payments. It is therefore perfectly possible that the different aspects of a divorce may have to be handled in courts of different countries.
International mediation can prevent an international dispute turning into a tangle of lawsuits across different countries.
International mediation can prevent an international dispute turning into a tangle of lawsuits across different countries. As a result, the added value of a mediator in an international context is of great value. Mediation allows a settlement to be reached faster and more efficiently. Due to the complexity of an international dispute, it is often not easy to settle it through court in short term. In addition, a mediator can work out creative compromises that all parties involved can live with. After all, every situation is unique and requires customization, for which there is little room in the legal system.
Within the framework of an international mediation procedure, it is possible to work out a tailor-made agreement that meets the needs of all parties and takes into account the practical considerations specific to an international context.
In which currency should the maintenance allowance be paid? What solution is possible to absorb fluctuations in exchange rates? How will the residence arrangements with the children be settled when one of the parents frequently stays abroad? Who bears the cost of plane trips? Such practical considerations are much better clarified through mediation than in court.