Child Inclusive Mediation
Child Inclusive Mediation: What is it?
Child Inclusive Mediation is becoming a more common form of parenting mediation. There are good reasons for this:
- Children’s views and experiences can be shared with both parents in a safe and child focused way;
- The Child Expert is available to both parents to answer questions;
- Child inclusive Mediation allows parents to explore issues with the child expert in a confidential setting. This process is unlike obtaining a formal written family report. Family Reports admissible in Court.
Child Inclusive Mediation involves a Child Expert (with specialist skills) interviewing a child/ren and, if permission is given by the child/ren to share information, sharing with their parents in mediation the child’s perspective about the issues they face due to their parents’ predicament.
During the meeting
The child or children are interviewed by the expert alone and not in the presence of the mediator or a parent. They are not otherwise involved in the mediation.
During the interview, the child expert will tell the child that their feelings and experiences are important though they are not responsible for making decisions about parenting arrangements. The child will be given opportunity to be heard and to discuss what they think without being put under any undue pressure. The child expert will canvass with the child what they are prepared to share with their parents. The child expert will hold anything confidential as confidential (unless they have a legislative basis not to do so.). The child expert can then relay the child’s perspective and concerns to the parents during mediation. The child expert can also guide the parents in a general way as to the developmental needs of the child.
By involving children in mediation, it can assist to place their needs at the centre of decision making. Parents typically have a strong sense of empathy for their children and understanding their perception of the issues/how they are impacted by arrangements can drive child centred planning.
Without involving children, adults can perseverate on their own perspective of the issues and when there is some conflict between them, this dynamic can be more difficult to shift. In our experience, when parents make an investment to involve their children in the process and consider their views, it can increase the likelihood of agreement being reached.
For parents who cannot reach agreement within mediation, it is common for a family report to be requested. A family report writer will typically interview children, interview adults, observe children with parents and review collateral material. The information discussed during these interviews can be admissible with Court proceedings. Mediation does not involve observations of children with parents or a review of collateral material and when appropriate, the expert has the capacity to keep confidentiality. By hearing the child’s views and/or giving them opportunity to discuss their experiences within mediation, it could alleviate the need for a family report to be undertaken.
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Two Models
We offer 2 models of Child Inclusive Mediation. The first model is for less complex matters. The second is for more complex matters or where the parents prefer the opportunity for one on one interviews with the child expert. In each model both parents will also be asked to attend a pre mediation conference for an hour with the mediator, in preparation for mediation. We can assist parties or their lawyers make a decision about which model might suit their family best.
It is our preference that Child Inclusive Mediation take place in person. It is however possible for mediation to take place via ZOOM where required.
Dan O’Toole who is a FCFCoA Panel Family Consultant and Social Worker has written an article on the process which can be found on the ARTICLES section of our website.
ONE DAY MODEL
This model involves an experienced Child Expert/FCFCoA Panel Family Consultant interviewing the child/ren on the morning of mediation, followed by mediation with the parties. We ask that the child be brought to the mediation rooms with a trusted adult that is not one of the parents involved in mediation.
The children do not attend the mediation session, only the interviews. The Child Expert/FCFCoA Panel Family Consultant will convey to the parties the concerns and priorities of the child/ren in the process. The Child Expert usually participates for the morning of mediation but will remain for the negotiations facilitated by the mediator until they are no longer required.
TWO DAY MODEL
This model involves an experienced Child Expert/FCFCoA Panel Family Consultant interviewing the child/children and the parents/relevant persons on a day prior to the mediation (day 1). Interviews in person are preferable however can be arranged by ZOOM where required. Mediation then proceeds on another day with the parties, the Child Expert/FCFCoA Panel Family Consultant and the mediator.
The children do not attend the mediation session, only the interviews. The Child Experts/FCFCoA Panel Family Consultants will convey to the parties the concerns and priorities of the child/ren in the process.
The Child Expert usually participates for the morning of mediation but will remain for the negotiations facilitated by the mediator until they are no longer required.
The two-day model is usually recommended for more complex matters.
We have access to a variety of Child Experts/FCFCoA Panel Family Consultants all of whom work in the family law arena including Mr Dan O’Toole, Ms Lizanne Pllu and Ms Robyn-Ann Mathews (two-day model only).
We can work with other experts in circumstances where parties have an alternative preference.
OUR EXPERTS
Dan O’Toole
I am a qualified social worker who has been working with separated families since 2018. I was employed as a Court Child Expert from 2018 to 2023 and prepared Family Reports for families involved in litigation. I also co-facilitated dispute resolution to assist parents with putting children’s needs at the centre of decision making and offering a means to finalise proceedings.
From 2023 onwards I have operated in private practice as a Family Report Writer, a Panel Family Consultant engaged by the FCFCoA and a Child Expert within the mediation space.
From 2011 to 2018, I was working with/leading a team of clinicians supporting children diagnosed with autism spectrum disorder, who displayed severe challenging behaviours.
I understand the complexity of working with children involved in separation and would welcome an opportunity to assist your family.
Lizanne Pllu
I am a Social Worker and have been working within a range of social services since 2003.
Since 2018, I have been working with families in the Family law arena, as a Family Consultant from 2018 and then in my own private practice since 2022. In this work I am engaged to prepare private family reports for separated families and am also a Panel Family Consultant engaged by the FCFCoA.
I have always enjoyed early intervention work, and child inclusive mediation gives me an opportunity to support families prior to them attending Court and/or to assist them in resolving matters in a way that they feel more in control about decision making for them and their children. I enjoy the co-facilitating model of child inclusive mediation because the combination of the legal professional and social scientist brings a unique skills base to the process.
Robyn-Ann Mathews
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