Family Mediation in England and Wales: A Focus on Children

Abstract

It is said that ‘love is blind.’ Love can also grow, develop and possibly lead to a union between two people. However, when things go wrong, separation or divorce can become inevitable. It can also be said that the end of the relationship and the separation period can lead to the ‘couple’s deafness’ where the ex-partners refuse to hear each other and only focus at times on how best to hurt each other.

Mediation is a form of intervention in which a third party – the mediator – assists the parties to a dispute to negotiate over the issues which divide them. The mediator has no stake in the dispute, and is not identified with any of the competing interests involved. The mediator has no power to impose a settlement on the parties, who retain authority for making their own decisions. In every mediation, the interests and needs of the parties will be the focus of the mediator and the participants. However with family mediation, an additional interest and need has to be considered and that is the one that belongs to the children.

This article aims to consider whether or not it is best to include children in family mediation. The advantages and disadvantages of child-inclusive mediation will also be considered along with the role of the mediator in this context. This article will demonstrate that family mediators need to be aware of the children’s wishes and concerns and that there are different ways family mediators can approach and implement this.

Keywords: Family mediation; Role of the mediator; Parents’ needs; Children’s interests, Advantages and disadvantages of child-inclusive mediation; Domestic abuse; Models and approaches in mediation