Jennifer Chudleigh Family Law Solicitor
Many couples who have gone through separation or divorce may be familiar with mediation. Whether it is to settle finances or to reach agreement about child arrangements. Mediation has proved a successful non-contentious resolution tool as it gives the individuals control over decisions. It is a quick an less expensive way of resolving conflict, compared to the Court process; and is flexible.
Regardless of the reason for a relationship breakdown, the best interests of the child(ren) are paramount. When parents are separated the child(ren) may feel isolated and ignored if they are not listened to. Particularly when the parents are trying to reach a decision on whom the child should live with and how much time a child should spend with each parent.
What is Child Inclusive Mediation
It is not necessary to wait for contentious proceedings to be issued in order to ascertain the child’s views. Child inclusive mediation can be used to look at child arrangements and specific issues such as the choice of the child’s school or even on issues of relocation.
Child inclusive mediation is less formal than being interviewed by a Court Officer (CAFCASS) which makes it a less stressful process for the child.
The benefit of the process is children get to meet a neutral person who can convey their wishes and feelings. The process is respectful to the child and the mediator will only feedback what the child expressly agrees to. Child inclusive mediators have specialist training to enable them to carry out this type of mediation. This is to ensure the meetings are handled sensitively.
How old should the child be in order to take part in the process?
The general guidance is that children should be aged 10 or over. However there have been instances where younger children (Particularly ones with older siblings) have taken part in the process. Both parents will know and understand the maturity of the child.
Ultimately the decision-making will be that of the parents. The child will be told this, but the process shows the child that they are respected by their parents and that their voice is an important part of the process.
At AMD Solicitors our team of specialist family solicitors can provide you with advice and guidance alongside the mediation process. We can advise you of the options available if you are unable to reach an agreement following child inclusive mediation or the traditional mediation process.
