Child Inclusive Mediation
The child’s voice is not being heard in the Family Justice System. Child Inclusive Mediation has been developed to give children a voice when their parents are involved in the mediation process. Children are provided with the space to speak with a specially trained mediator, giving them the opportunity to express their views in a confidential meeting, separate from their parents and in the knowledge that anything they say is private, unless they ask for messages to be passed on to their parents.
When families separate, it is traumatic, affecting the whole family, each person in their own individual way. It is normal for children to be affected. How it is handled can have long term impact. What parents think children want is often different to what their children actually want. Where children are given the opportunity to contribute, research suggests children value the opportunity to be heard when decisions are being made about their future.
During the initial stages of the mediation process, your mediator will provide information about child inclusive mediation and explain how it works. If you both agree, you will be asked to provide written authority. Thereafter, the mediator will contact your child or children to enquire if they wish to attend a separate meeting.
If your child agrees, their meeting will be arranged to suit them and can be online, at the office, or in a school if the school staff can facilitate this.
Children have their own specific views and concerns when their family separates, they are usually different to the concerns parents might have during this time. The mediator can help them to consider the future and to understand how now things might develop, now Mum and Dad are no longer together.
Where children have shared their views, this can help parents to consider matters from a child centred perspective, understanding their children’s views and not just their own views about what they think might be best for their children.
Children will not be asked to make decisions, and it will be made clear to them during their meeting, that their parents will decide what happens
We have created this video specifically aimed at children, to help them understand what to expect if they choose to take part in the mediation process.
If you find yourself in the family justice system, this leaflet has been created by the Family Justice Young People’s Board and provides a unique learning and reflection opportunity for any professional working in the family justice system. It’s a chance to understand what it’s really like to walk in the shoes of children and young people as they navigate often difficult family situations. In-our-shoes-full-book-for-download (1).pdf
A short video with some useful tips from parents from the perspective of a child can be found here:https://vimeo.com/303651565
The Family Solutions Group (FSG) is a multi-disciplinary group with practical experience of working with separated parents and their children outside of the court arena. In early 2020, the Honourable Mr Justice Cobb set it up as a sub-group to the Private Law Working Group.
The FSG was asked to consider what is needed, within existing legislation, to improve the experience of families who separate before any application is made to the family court. The theme woven through all discussions was the need to restore the child to the centre in systems that currently operate largely for parents.
The report and other information can be found here: A Child’s Right to Matter – Family Solutions Group