Brussels II Ter Regulation and the promotion of ADR in matters of parental responsibility and international child abduction

Abstract

The Brussels II ter Regulation constitutes a further step in the process of the promotion of mediation and other ADR tools in the EU. Standing on this positive element, the Regulation raises a plurality of issues of different nature and relevance. The solutions designed are innovative and positive. However, the establishment of an autonomous category of “agreements”, independent of public documents, and which embody agreements reached within and outside mediation proceedings, directly raises the issue of its concretion and understanding, and of its virtuality. In addition to that, it generates certain doubts as regards its rationale and its link with the European system of PIL.