Child Inclusive Mediation offers that opportunity to children to feel they have been consulted. It is still for the children’s parents or caregivers to make the final decisions, but it can only be valuable for children to know they were listened to. They can say what they would like and then the mediator will relay their thoughts to their parents, with the children in control of what gets passed on. There is no formal record kept so it is not to be used within subsequent family court proceedings, but I think it is thoughtful way to include them in decision making.
It is suggested that children over ten years of age should be consulted, but this is by no means a hard and fast rule. Over the years, I have been involved in cases where much younger children have had a lot to say and have been very keen to share their views and should be allowed to. They often have a very interesting perspective on matters, which can be hugely helpful in resolving issues.
There are cases where Child Inclusive Mediation is not appropriate, for example where there is high conflict or domestic abuse, while some children simply do not wish to engage, but overall, I think we should be involving children more. Hopefully the mediator will be able to answer some of their questions, which they may have felt unable to ask their parents at such a stressful time.
I do hope more parents will be minded take up this option, as the research undertaken in this area does suggest children can often feel left in the dark, knowing their parents are separating but not really understanding what is happening.
If you wish to discuss this further, please do not hesitate to contact Gemma Gillespie or Melissa Gire by email: gjg@cooperburnett.com or tel: 01892 515022
This blog is not intended as legal advice that can be relied upon and CooperBurnett LLP does not accept any responsibility for the accuracy of its contents.
Originally published in the Tunbridge Wells Business Magazine: www.twbusinessmagazine.com
