Understanding Child Inclusive Mediation

When parents separate, children are often affected by the decisions that are made about their lives. Child Inclusive Mediation (CIM) gives children the opportunity to have their voices heard in a safe, neutral environment. This resource explains how the process works and what parents can expect.

Why are children's voices important?

Article 12 of the United Nations Convention on the Rights of the Child recognises that children who are capable of forming their own views have the right to express those views freely in matters affecting them, with those views being given appropriate weight according to their age and maturity.

The Family Procedure Rules also recognise that children should, where appropriate, be involved in making arrangements that affect them, including when disputes are being resolved outside of court.

Research has consistently shown that children benefit from having an opportunity to express their feelings about family separation in an appropriate setting. Child Inclusive Mediation provides that opportunity.

What is Child Inclusive Mediation?

Child Inclusive Mediation is a process in which a specially trained and accredited Child Inclusive Mediator meets with a child to understand their experiences, thoughts, and feelings about the family situation.

Child Inclusive Mediation is not designed to:

• Place decision-making responsibility on children
• Ask children to take sides or choose between their parents
• Provide evidence for use in court proceedings

Instead, it provides children with a neutral space to talk about how family separation is affecting them and what they would like their parents to understand as they make decisions about their future.

How does the process work?

If both parents agree to Child Inclusive Mediation, they jointly select an accredited Child Inclusive Mediator.

Before any child is invited to take part, the mediator meets separately with each parent. These meetings allow the mediator to:

• Understand the family's circumstances
• Carry out suitability and safeguarding checks
• Explain the mediation process
• Discuss confidentiality
• Ensure both parents understand the purpose of Child Inclusive Mediation

Where solicitors are involved, the mediator also speaks with them to ensure everyone understands the confidential nature of the process and the professional boundaries that apply.

Meeting with your child

If the mediator considers the matter suitable and both parents consent, your child will be invited to meet with the mediator.

The invitation is made in a way agreed with the parents and appropriate for the child's age and circumstances.

At the beginning of the meeting, the mediator explains confidentiality and makes it clear that:

• The child chooses whether they wish to take part
• They can decide what, if anything, is shared with their parents afterwards
• They are not expected to make decisions about arrangements
• They are not being asked to take sides.

The conversation focuses on the child's own experiences, for example:

• How are they finding the current situation
• What is working well
• What they are finding difficult
• What they would like their parents to consider when making decisions

Confidentiality

Confidentiality is a fundamental part of Child Inclusive Mediation.

Your child decides what information they are comfortable sharing with you. The mediator will only provide feedback that your child has agreed to share, unless there are safeguarding concerns that require action.

The feedback is normally provided verbally rather than in writing. Written feedback would be considered only in very rare circumstances or upon the child's request.

Information shared during Child Inclusive Mediation is confidential and is not intended to be used as evidence in court proceedings or included in open correspondence.

Sharing your child's views

Once the meeting has taken place, the mediator shares the agreed-upon feedback with the parents.

Where solicitors are involved, they will usually attend this feedback meeting in a listening role so they hear the child's views directly from the mediator.

Parents can then decide whether to:

• Continue discussions within mediation
• Take time to reflect before deciding on next steps
• Continue working with their solicitors outside mediation

Participation in mediation always remains voluntary.

Professional standards

Child Inclusive Mediation is carried out by mediators who have received specialist training and accreditation to consult with children.

The process is governed by the professional standards set by the Family Mediation Standards Board and upheld by the Family Mediation Council.

A child-centred approach

Child Inclusive Mediation helps ensure that children have an opportunity to express how family separation is affecting them in a safe, supportive and professionally managed environment.

The responsibility for making decisions always remains with the parents. However, by hearing and understanding their child's experiences, parents are often better equipped to make arrangements that take their child's needs into account.

Speak to our Team

If you would like to find out more about Child Inclusive Mediation or discuss whether it may be suitable for your family, our experienced Family Law and Mediation team is here to help.

Phone: 023 8063 9311
Email: enquiries@warnergoodman.co.uk