What we do
ISS Switzerland as central contact point
The Malta Process is an international dialogue between Western States and States whose legal systems are based on or influenced by Islamic law, aimed at strengthening cooperation on cross-border family conflicts.
The Malta Process at a glance
Within the Malta Process of the Hague Conference on Private International Law, the ISS network is one of the actors bringing international family mediation to life worldwide, particularly in situations involving States that are not party to the Hague Conventions.
Central contact point
Your path with us
What ISS Switzerland does under this mandate
As the Central Contact Point for international family mediation in Switzerland, ISS Switzerland helps families affected by child abduction or a cross-border family conflict. The information and guidance service is free and open to parents and professionals alike. Mediation and pre-mediation services are charged.
First contact
Information and guidance
Every working day, our telephone helpline informs private individuals, specialised organisations and administrative and judicial authorities about the applicable legal framework and amicable procedures in cases of child abduction or cross-border family conflict.
You will receive:
- Clear explanations of the available remedies when the country concerned has not signed the 1980 Hague Convention.
- Clear explanations of the administrative and legal steps to take if a country has signed the 1980 Hague Convention.
- Referral to the competent services and network professionals in Switzerland.
- Guidance towards family mediation abroad.
Support
Prevention, restoring contact, parental support
You can benefit from the following specialised services:
- Prevention consultation on international child abduction.
- Consultation to maintain or restore the parent-child relationship.
- Parallel or individual child-centred parental support.
Resolution
Pre-mediation
The aim of pre-mediation is to give the parties clear information about mediation, in particular its principles, its benefits and how it generally works.
If a parent cannot or does not wish to contact the other parent directly to propose mediation, our mediators can take this first step.
Resolution
International family mediation
ISS Switzerland offers international family mediation in person or online.
Mediation is a way of resolving conflicts autonomously and out of court, with the help of a neutral professional. Starting from the needs of the parties, mediation strengthens their ability to cooperate and makes it possible to find forward-looking, fair solutions that respect everyone’s interests.
Which issues?
We handle mediation requests aimed at resolving cross-border conflicts concerning:
These requests may be received under the Federal Act on International Child Abduction, on behalf of a child and adult protection authority (KESB/APEA), the Federal Office of Justice (FOJ) or child protection authorities, or directly from the people concerned.
How does international family mediation work?
It is conducted in a structured way by mediators specialised in the many issues raised by cross-border conflicts. Participants then have the option of giving their mediation agreement legal effect by having it recognised by the competent judicial authority.
The ISS practical guide to international family mediation provides more detailed information on how mediation works, the topics covered, legal issues and child abduction. ISS Switzerland follows the Charter for International Family Mediation Processes.
Which procedure?
Yes
And if both countries have signed the Hague Convention?
In this case, the competent authorities conduct the proceedings. ISS Switzerland then provides complementary support: we offer the same support services and amicable processes.
This mandate is part of ISS Switzerland’s day-to-day work with families and its expertise in child abduction and international family conflicts.
Timeline
Five conferences, twenty years of dialogue
Malta I to V
Malta I — the start of dialogue
First meeting between Western States and States with an Islamic legal tradition, on maintaining relationships between children and parents living in different countries.
Malta II — the Malta Declaration
The first two conferences produced the Conclusions and Recommendations set out in the Malta Declaration.
Malta III — creation of the Working Party on Mediation
On the conference’s recommendation, a Working Party was set up to develop mediation structures where the 1980 Convention does not apply.
Turning point
The Principles for the Establishment of Mediation Structures
The Working Party drew up the Principles enabling States to designate Central Contact Points for international family mediation.
Where ISS comes in
Malta IV — focus on accession to the Conventions
Experts recognised the need to strengthen international cooperation and, in particular, to encourage accession to the 1980, 1996 and 2007 Conventions.
Malta V — Valletta, 24–27 September
HCCH Conventions as bridges between civil law, common law and Islamic law. On the agenda: kafala and the 1996 Convention, the voice of the child in mediation, and the future of the Working Party. Switzerland was represented by the Federal Office of Justice.
Most recent
“The proceedings were complex and lengthy, with a lot of back and forth between the two countries. [...] We chose mediation to try to speed things up. There we realised that we could talk about everything and settle issues that would have come up later anyway [...] for example, how best to organise the holidays.”