Mediation in Muslim Contexts

MiKK participates in Meetings of the HCCH Working Party on Mediation in the context of the “Malta Process” in The Hague (Netherlands) and Amman  (Jordan) 2019

MiKK in Amman

We were very honoured that Ischtar Khalaf-Newsome was invited to speak on behalf of MiKK at the two recent meetings of the HCCH Working Party on Mediation in the context of the Malta Process which took place in The Hague, Netherlands and Amman, Jordan in March and November 2019.

The Working Party on Mediation in the context of the Malta Process was established to promote the development of mediation structures to help resolve cross-border custody and contact disputes. It involves signatory states to the 1980 Hague Child Abduction Convention as well as non-state parties, whose legal systems are based on or influenced by Islamic law. The Malta Process is aimed at improving co-operation and finding solutions in international custody disputes and cross-border children matters where no international legal instruments apply.

 

MiKK in The Hague

The meeting of the Working Party on 4th March 2019 in The Hague, Netherlands, Embassy of Canada was hosted by Co-Chair Mr Mark Berman (Canada) who welcomed Judge Kamal Al Smadi (Jordan) as new Co-Chair to the Working Party. Dr Christophe Bernasconi, Secretary General of the HCCH gave introductory remarks. The meeting was attended by representatives and Ministries of Justice spokespeople from Australia, Japan, Germany, France, Morocco, USA, South Africa. Ischtar Khalaf-Newsome presented on the MiKK 4 B Mediation Model and Cross-Border Mediation Trainings, the MiKK Expert meeting on mediation in Non-Hague cases with a Muslim context (funded by the German Ministry of Justice) and MiKKs ongoing research in this field. The HCCH summary report of this meeting you will find here.

On 19-20 November 2019 the Working Party on Mediation invited stakeholders from Hague Signatory States and Non-Signatory states from the Muslim world to a further, larger meeting of the Working Party in Amman, Jordan. Ischtar Khalaf-Newsome was invited to speak on behalf of MiKK at this international conference hosted by the co-chairs of the Working Party on Mediation. The Conference in Amman celebrated the 30th anniversary of the UN Convention on Children’s Rights (UNCRC). It was hosted by the Co-Chairs of the Working Party, His Eminence Judge Kamal Ali Saleh Al Smadi, Supreme Judge Department, Jordan and Mr. Mark Berman, Director General, Consular Policy Bureau, Global Affairs Canada.  Both gave welcoming remarks as did Dr. Christophe Bernasconi, Secretary General, Hague Conference on Private International Law (HCCH). The conference featured presentations by experts, judges and ministries from a number of Hague and Non-Hague countries such as Malaysia, Lebanon, Tunisia, Morocco as well as from Australia and the UK. Ischtar Khalaf-Newsome spoke about MiKK’s International Cross-Border Family Mediation Trainings, the 4 B Co-Mediation Model and MiKK’s  ongoing research project on Mediation in Non-Hague countries. The Conference was a fantastic opportunity to network, exchange ideas and expertise with delegates from the judiciaries and ministries of a number of Muslim countries, such as Jordan, Tunisia, Morocco, Lebanon, Egypt and Qatar. There was significant interest by some representatives from Muslim countries in the MiKK Mediation Model and MiKK Cross-border Family mediation (CBFM)  trainings. MiKK continues to work with stakeholders from several Muslim countries to secure funding in order to host MiKK CBFM trainings in these countries.

For more information about the HCCH Working Party on Mediation in the context of the Malta Process click here.

 

MiKK convenes Experts’ Meeting on mediation in Muslim Contexts in Berlin 2017

In cases of international child abduction to non-Hague countries, mediation can provide the only possibility for parents to reach a solution on the living and other arrangements of their child.

On 17th and 18th June 2017, MiKK convened an experts’ meeting of 32 mediators, lawyers and psychologists with knowledge of Arabic, Farsi and Turkish culture and language skills in Berlin. This meeting was kindly supported by the German Federal Ministry of Justice and Consumer Protection (BMJV). There was a lively and fruitful exchange of information and mediation practices in a number of countries were discussed.

MiKK is now preparing for the next phase of the project – the provision of advanced training in cross-border family mediation to the group of experts.

MiKK participates in the Fourth Malta Process Conference in Valetta, Malta 2016

MiKK was very honoured to have been invited as an observer to the Fourth Malta Conference (“Malta IV”) on Cross-Frontier Child Protection and Family Law hosted by the Government of Malta in collaboration with the Hague Conference on Private International Law (HCCH). The conference adopted this declaration.

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