Child-inclusive mediation in Australia is a supportive approach designed to help separating parents make decisions about their children by actively incorporating the “voices of the children” into the mediation process. The goal is to encourage parents to work together to develop an agreement that reflects the unique needs of their family. This agreement may be reached between the parents themselves or through a mediation process involving a mediator or legal representatives. In this process, children play a significant role by providing input on matters that directly affect their lives, such as time spent with each parent, education, health, and other important decisions. This approach not only supports children’s emotional needs during the difficult transitions of separation or divorce but also empowers them by acknowledging their role in the family. The level of involvement for the children depends on their age and developmental stage.
Separation and divorce can stir emotions that may impair parents’ ability to fully consider their children’s needs. Parents who are aware of this limitation may seek child-inclusive consultancy to help them reach agreements independently. More commonly, mediators or legal representatives use this service to ensure that children’s needs and wishes are considered when formulating parenting plans or Court Orders. By involving children in the mediation process, the likelihood of future conflicts can be reduced.
Child-inclusive consultancy facilitates open dialogue between parents, taking into account the children’s wishes, and helping parents collaboratively determine key aspects of their children’s lives. The process begins with individual sessions for each parent to provide background and share their perspectives. Children then attend 1-2 individual sessions (or more, if needed) with a specially trained therapist who uses play, games, or conversation techniques to explore the child’s thoughts and feelings regarding the situation, their relationships with each parent, and any concerns. A summary of the child’s views, along with a suggested parenting plan, is provided to the parents and any other relevant parties. The aim is to support parents in reaching agreements that prioritise the children’s well-being, fostering healthier outcomes for the family as a whole.
While child-inclusive mediation can lead to positive and agreeable outcomes, it is important for parents to carefully consider the details of any parenting arrangement. For parents seeking individual support, it is recommended to obtain legal advice when preparing and finalising these arrangements to ensure they meet legal standards and reflect the parents’ agreements accurately. If parents are not on amicable terms or are in significant conflict, mediation or legal assistance should be sought before engaging in child-inclusive consultancy.
Child-inclusive consultancy can be used at any stage of separation or divorce and even when entering a new relationship, such as in a blended family or stepfamily. Parents who are committed to their children’s well-being may use this service to make decisions that incorporate the children’s perspectives, ensuring their needs are heard and considered. This service may also be suggested by mediators or legal representatives during formal mediation processes. In cases of significant conflict or where a matter is progressing to the Family Court, a Family Report may be more appropriate.