What is child inclusive mediation?

Mediation is a useful tool for any separating couples whether in relation to financial matters or children.  However, it is also possible for children’s voices to be heard in mediation.

The general guidance is that where children are 10 years of age and over, a mediator is likely to suggest to parents that the child has an opportunity to discuss matters with the mediator when dealing specifically with children matters. It is also possible that children younger than 10years could be involved in child inclusive mediation, particularly if they have an older sibling and/or the parents feel that both children need to be involved.

What happens during child inclusive mediation?

Initially, the mediator will attend with the parents separately and then in a joint meeting.  During the joint meeting the mediator would discuss how the child would be involved in mediation and whether the same mediator or a different mediator would do that.  The parents would discuss with the mediator where the mediation would take place, who would take the child to the session and whether it will be in person or online.  The child will be invited directly to attend the mediation and it is of course a matter for them whether they are willing to attend.  It is also possible that the mediator may decide that child inclusive mediation is not appropriate particularly if there are safeguarding concerns or conflict between parents.

Both parents must agree to child inclusive mediation taking place and will be asked to sign an agreement with the mediator to confirm their consent.

The mediator would meet with the child in the absence of the parents.  It would also be explained to the child that they do not make decisions and that the mediator will only discuss with the parents, their views as agreed to by the child.  A feedback session will then be conducted with the parents and the mediation with the parents can continue on the basis that they will take on-board the child’s wishes and feelings.

What issues are solved at child inclusive mediation?

In addition to dealing with issues such as where the child will live, or spend time with each parent, issues such as the child’s school, health issues or holidays could also be discussed with the child.  It is hoped that involving the child in this way will allow them to express their view and to feel they have a voice in matters.  It may also be less stressful than them being formally interviewed by CAFCASS, within court proceedings. It is hoped that child inclusive mediation could prevent court applications being made, but could also be undertaken once an application to court has been made.

How can Taylor Bracewell’s family team assist?

If you would like more information in regards to child inclusive mediation or separations including children, then our experienced family team can help! Call them today our team of Doncaster solicitors on 01302 341414 or our team of Sheffield solicitors on 0114 272 1884. Alternatively, you can fill out our online enquiry form.