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Family Mediation in England and Wales: A Focus on Children

  • Amel KetaniEmail author
Conference paper
Part of the Advances in Science, Technology & Innovation book series (ASTI)

Abstract

It is said that ‘love is blind’. Love can also grow, develop and possibly lead to a union between two people. However when things go wrong, separation or divorce can become inevitable. It can also be said that the end of the relationship and the separation period can lead to the ‘couple’s deafness’ where the ex-partners refuse to hear each other and only focus at times on how best to hurt each other. In every mediation, the interests and needs of the parties tend to be the focus of the mediator and the participants. However with family mediation, an additional interest and need has to be considered and that is the one that belongs to the children. Also many other participants who are physically absent during the family mediation, such as grandparents and new partners, sometimes have to be included in the overall outcome and agreement of the family mediation. This makes family mediation unique in its complexity and intricacy. This article aims to consider how best to include children’s needs and interests in family mediation. The advantages and disadvantages of child-inclusive mediation will also be considered along with the role of the mediator in this context. This article will demonstrate that family mediators need to be aware of the children’s wishes and concerns and that there are different ways family mediators can approach and implement this.

Keywords

Family mediation Role of the mediator Parents’ needs Children’s interests Advantages and disadvantages of child-inclusive mediation Domestic abuse Models and approaches in mediation 

References

  1. 1.
    Cassidy, D., Davey, S.: Ministry of Justice Research Summary 5/11 (2011)Google Scholar
  2. 2.
    Mediation Task Force Report, June 2014, Appendix 1Google Scholar
  3. 3.
    Parkinson, L.: Child-inclusive family mediation. Fam. Law, 483–488 (2006)Google Scholar
  4. 4.
    www.midmediation.org.uk. Last accessed 20 Jan 2017
  5. 5.
    Walker, J.: Child-inclusive dispute resolution: time for change. Fam. Law, 695 (2015)Google Scholar
  6. 6.
    Hester, M., Pearson, C., Radford, L.: Family court welfare and voluntary sector mediation in relation to domestic violence. Rowntree Soc. Policy Res. Find., 117 (1997)Google Scholar
  7. 7.
    Mills, O.: Effects of domestic violence on children. Fam. Law, 165–171 (2008)Google Scholar
  8. 8.
    Cockett, M., Tripp, J.H.: The Exeter Family Study: Family Breakdown and its Impact on Children, p. 46. University of Exeter Press, Exeter (1994)Google Scholar
  9. 9.
    Parkinson, L.: Family Mediation, 3rd edn. Family Law (2014)Google Scholar
  10. 10.
    Morrow, V.: Children’s perspectives on families. Rowntree Res. Find., 798 (1998)Google Scholar
  11. 11.
    Cantwell, B.: The emotional safeguarding of children in private law. Fam. Law, 84–90 (2010)Google Scholar

Copyright information

© Springer Nature Switzerland AG 2019

Authors and Affiliations

  1. 1.BPP UniversityLondonUK

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