Family Mediation is an established and internationally recognised method of dispute resolution. It is designed to facilitate constructive discussions during transitional periods for families, such as separation and/or divorce.
Mediation creates a neutral environment for discussions and aims to promote a collective approach to resolving issues, whether financial in nature or child-related. If required, independent solicitors can be engaged to assist with formalising any agreement reached.
Child-inclusive mediation (CIM) is distinct from child-focused mediation, as CIM gives the child a platform to be consulted and have a voice in the process, if they wish to be involved. This aligns with the legal principle in Scotland that children must be given an opportunity to express their views before decisions are made to protect their welfare.
During initial discussions, the mediator will help parents decide whether CIM will benefit their child and family, considering the child’s age and maturity. The mediator will carefully assess the appropriateness of CIM and any potential harm to the child. For example, CIM could be seen as intrusive if the child is already involved with other professionals, such as a Child Welfare Reporter.
There are three core principles in CIM: (1) voluntary participation, (2) confidentiality, and (3) parents make the decisions. While applying these principles, the mediator will follow a six-stage model in conducting CIM:
- The first and second stages focus on assessment and preparing the parents.
- The child is engaged in the process at stage three. The mediator prepares the parents to introduce CIM to their child, allowing the child to share their feelings with their parents at an early stage.
- At stage four, the mediator meets with the child, acknowledging and normalising the child’s situation and feelings, and exploring possible options.
- The mediator then provides feedback to the parents in a sensitive manner, without filtering or changing the child’s views and feelings. Older children may participate in this feedback, and other tools, such as drawings, may be used with younger children. Unless there are child protection concerns, the mediator will respect the child’s wishes if they do not want to share certain information with their parents, encouraging openness.
- Finally, whether the mediator should provide feedback to the child will also be considered, if appropriate.
CIM can give parents a deeper understanding of the impact on the child and encourage a focus on their child’s happiness and wellbeing. It can also help children accept and process their parents’ separation and the changes that follow. If you are considering Mediation and/or need advice following a relationship breakdown, our Family Law specialists are here to assist and guide you through the process. Contact us today to learn more about how we can support you and your family.
