Getting Child-Inclusive Family Mediation Right If approached with the necessary precautions and respect for their views, the inclusion of a child in relevant family mediation matters can bring a highly valuable perspective to the process. What benefits do the participants stand to gain from childinclusive mediation, and how can the child’s rights be safeguarded throughout? Mediation specialist Caroline Bowden explores the subject in depth in this article. Expert Insight EXPERT INSIGHT 37 What are the potential benefits of childinclusive mediation? Child-inclusive mediation will only benefit the child if they enter the process freely. They must have a genuine choice and they need their parents’ consent to be offered that choice in the first place. Some children may decline; they may feel like talking to a third-party stranger is not for them. However, just being offered the choice may be empowering. What are the primary objectives of childinclusive mediation, and how does it differ from traditional family mediation? Traditional child-related mediation involves the primary caregivers – normally the parents – discussing the arrangements for their child or children with the mediator as their active facilitator. I can put forward various options to the participants, but they will decide the outcomes. The discussions go wider and deeper than any court case. Judges only decide on how much time is spent by a child with their parents and perhaps some of the practical arrangements to make that happen. In mediation, parents can discuss their communication with each other and how to improve what will be a life-long relationship as co-parents, so that their children can flourish. Child-inclusive mediation builds on the same objective, but layers onto it the direct consultation between the mediator and the child. I can put forward various options to the participants, but they will decide the outcomes. 1Lisa Parkinson, ‘Family Mediation’ 4th edition, Family Law, LexisNexis, published 17 April 2020, ISBN 9781784734596
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