News Meeting Children as part of the Mediation Process / Child Inclusive Mediation

Below is a press release from the Family Mediators Association/FMA on the subject of meeting with children as part of the mediation process. the FMA press release is in response to a recent change in government policy.

I myself, am a member of the FMA and served for a short spell on their board of governors. I also a mediator who is trained to meet with children as part of the mediation process. The training that I undertook to be able to do this was through the family solicitors organisation Resolution, but was led by Lisa Parkinson, who was one of the founders of the FMA and who is a very well-known and respected mediator.

As a solicitor, I have been a member of the Law Society Children Panel or Law Society Child Law Panel, as it is more correctly known these days, since 1996. This means that I have represented both children and parents in complex court cases brought by social services and involving every permutation of child safety issue that you could possibly think of, over a very long period. I am also accredited by resolution as an expert on domestic abuse.

I agree with the idea that where appropriate it should be possible for the voices of older children to be sought as part of the mediation process between their parents. In fact legal aid already makes provision for this to be able to happen. I do meet with children, but not very often. Generally this is something that I try to avoid. I do not agree that child consultation with children as part of the mediation process should take place as a matter of course. Mediation is about adults/parents making informed and sensible decisions together. Involving children, can raise their expectations and can also involve them unnecessarily in parental dispute. In my experience what children most often say is that they want their parents to sort things out and to stop bickering, so that they (the children), know where they stand.

In my opinion meeting with children by the mediator, whilst a valuable option is something that should only happen occasionally.

I also worry about the child protection side of things. Mediators come from all different backgrounds. Many are not lawyers, and few will have had the experience of child protection/child safety/child abuse and domestic violence/domestic abuse that I have had over the years.

I can recall an occasion when I attended a course which was run for experienced mediators who were the supervisors of other mediators. A segment of the course was looking at when a mediator should make a report of possible abuse to a safeguarding agency. I recall being shocked by the lack of awareness of safety issues ( in my view) of some of those present.

In my view, the government would be better served prioritising better funding mediation more generally, in order to make it more accessible than it currently years.

The mediation organisations are all involved in a process through the Family Mediation Council, where they are working together to enhance mediation practice and standards and in my view this process should be allowed to run its course before these additional pressures/risks are placed upon the profession of mediators.

Here is the press release:

FMA NEWS RELEASE

NEW GOVERNMENT POLICY ON CHILD-INCLUSIVE MEDIATIONS MUST BE MANAGED PROPERLY TO MAKE SURE CHILDREN ARE KEPT SAFE, SAYS FMA

• Mediators who consult with children have additional specialist training, experience and enhanced police clearance.
• Both parents and the child agree to the child’s involvement in the process, and everyone concerned has the process carefully explained to them by a trained professional.
• Children are seen separately from their parents – usually for one meeting only.
• Parents receive only the information and feedback their child wishes them to have.
• Parents remain responsible for the decision-making about their children’s future.
• The process remains a confidential one.