Family Mediation in England and Wales: A Focus on Children

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.