The mediation agreement
In relation to the enforceability of agreements resulting from mediation, the EU Mediation Directive states the following
“1. Member States shall ensure that it is possible for the parties, or for one of them with the explicit consent of the others, to request that the content of a written agreement resulting from mediation be made enforceable. (…)
2. The content of the agreement may be made enforceable by a court or other competent authority in a judgment or decision or in an authentic instrument in accordance with the law of the Member State where the request is made.”
2. The content of the agreement may be made enforceable by a court or other competent authority in a judgment or decision or in an authentic instrument in accordance with the law of the Member State where the request is made.”
(See also Annex 1 of the Guide to Good Practice on Mediation, “Rendering Mediated Agreement Binding” )
The mediation agreement or memorandum of understanding potentially covers the following issues:
- return
- habitual residence of the child and parents
- living arrangements
- support
- custody and visitation
- travel and passports
- bilingual and bicultural upbringing
- repeal of the 1980 Hague Case and/or criminal charges
- legal status of the agreement
- mediation clause