Court requests for child inclusive mediation

Increasingly, mediators are seeing more and more requests for mediation and also child inclusive mediation after parents have been to court. However whilst child inclusive mediation can have huge benefits for children and families, it is important to bear in mind the following if it is suggested by the court that mediation and child consultation takes place: 

1. Mediation is voluntary, whilst there are huge benefits to attending mediation and resolving issues in a non-confrontational way, mediation is not right for everyone.
2. The discussions in mediation are confidential. The summaries are not to be disclosed to the court and mediators are not able to prepare reports for court.
3. Whether a child’s voice is heard as part of the mediation process or not, it is never compulsory, children are invited and the parents and child/ren need to agree.
4. What a child tells the mediator is confidential. The child decides what they would like fed back to their parents and the conversations between mediator and child will not be disclosed.
5. The feedback to parents is also verbal, they will not receive a written summary.
6. CIM is not a Cafcass wishes and feelings report, and mediators are not able to provide report for court.
7. CIM is entirely separate to the court process.

What are the benefits?

Often parents will issue proceedings for the court to make decisions for their children without having fully explored family mediation. Attending mediation can enable many clients to make decisions amicably themselves rather than having a court decision imposed on them.

Hearing their child’s voice through mediation can help not only the child but also parents. Children frequently report feeling relieved that someone has listened to them and that their voice is important. Parents can also discover perspectives that they didn’t realise their children had. The child’s voice can then help parents make decisions that are in their child’s best interests.

For further information on the child inclusive process, please take a look at our videos here.