In the evolving landscape of family justice, the emphasis on the child’s voice has never been more pronounced. As a legal professional working in private children law, you will be familiar with the challenges of navigating disputes over child arrangements—especially in emotionally charged contexts. Increasingly, child-inclusive mediation (CIM) is being recognised as a valuable tool in resolving such disputes, offering a child-centred alternative to traditional court proceedings.
Understanding Private Children Law Proceedings
Private children law proceedings typically arise when parents or guardians cannot agree on arrangements for a child’s upbringing following separation or divorce. These disputes are governed by the Children Act 1989, with the child’s welfare being the court’s paramount consideration.
Traditionally, these proceedings follow the Child Arrangements Programme (CAP). However, recent reforms—such as the Private Law Pathfinder pilot—are reshaping this process. The Pathfinder model replaces the adversarial CAP with a more investigative, problem-solving approach, aiming to reduce harm and better support families, particularly where domestic abuse is a factor.
What is Child-Inclusive Mediation (CIM)?
Child-inclusive mediation allows children—typically aged 10 and above—to speak directly with a specially trained mediator. The child’s views are then fed back (with their consent) to the parents during mediation sessions. This process ensures that children’s voices are heard in a safe, neutral environment, without placing them in the middle of parental conflict.
The Link Between CIM and Private Law Proceedings
CIM and private law proceedings are not mutually exclusive. In fact, they can complement each other:
- Pre-proceedings: CIM can be used as a proactive step to resolve disputes before court involvement becomes necessary.
- During proceedings: Courts may adjourn cases to allow for mediation, especially where it’s believed that a negotiated outcome is in the child’s best interests.
- In Pathfinder courts: The emphasis on early information gathering and child impact assessments aligns closely with the principles of CIM, reinforcing the importance of the child’s voice.
Benefits of Child-Inclusive Mediation
- Empowerment: Children feel heard and respected, which can improve their emotional wellbeing.
- Better outcomes: Parents often gain new insights into their child’s needs, leading to more child-focused agreements.
- Reduced conflict: Mediation can de-escalate tensions, avoiding the adversarial nature of court.
- Cost-effective: It’s generally quicker and less expensive than litigation.
Limitations and Considerations
- Not suitable for all cases: CIM may not be appropriate where there are safeguarding concerns or high levels of parental conflict.
- Child readiness: Not all children are emotionally ready or willing to participate.
- Parental resistance: Some parents may struggle to accept or act on their child’s expressed wishes.
- Resource constraints: As seen in the Pathfinder pilot, the approach requires significant investment in trained professionals and time.
Conclusion
The integration of child-inclusive mediation into private children law proceedings reflects a broader shift towards a more compassionate, child-centred justice system. While not a panacea, CIM offers a powerful means of ensuring that children’s voices are not just heard, but genuinely considered in decisions that shape their lives.
As legal professionals, embracing these tools and understanding their interplay with court processes can lead to more humane, effective outcomes for the families we serve.
How can we help?
Rina Mistry is a Legal Director in our Family Law team, advising on a wide range of family law work, and in particular specialising in private children’s law, international family matters, and domestic abuse.
If you need any advice concerning the subjects discussed above, please contact us and we will be happy to discuss your circumstances in more detail and give you more information about the services that our solicitors can provide along with details of our hourly rates.
For more information or advice, please call Rina or another member of our team in Derby, Leicester, or Nottingham on 0808 258 0461 or contact us via our online form.
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