LATEST BULLETIN 4 FEBRUARY 2012

CONSULTING WITH CHILDREN IN MEDIATION - LEICESTER

At present, there is an ongoing review of the family justice system being conducted by the Government that has led to a growing concern about the impact of court proceedings on children of families who are breaking up. The research conducted has indicated that the delay involved in court proceedings can impact negatively on children who are often in limbo awaiting the outcome of the court proceedings before knowing what their family arrangements are going to be.

Article 12 of the Convention on the Rights of Children (Respect for the views of the Child) states that when adults are making decisions that affect children, children should have the right to say what they think should happen and have their opinions taken into account. This does not mean that children tell their parents what to do. Article 12 is designed to encourage parents to listen to the opinion of children and involve them in the decision making process. This can be particularly important when children are facing family breakup.

In practice, parents listening to their children can be difficult to achieve. Sometimes, the breakup of the family that results in separation or divorce means that the usual communication channels are no longer open to families. Trust can break down between the parents who also become immersed in their own emotional turmoil. It is easy to overlook the fact that children need to be kept informed and have a say.

Based in Leicester, Glynis is one of a small number of mediators in the UK working towards a new qualification that will allow them to consult with children within the mediation process along with the adults. Consulting with children whose parents are going through separation or divorce can be so important because it offers the children an opportunity to express to an independent adult their views about what is happening to them. It is also in accord with the spirit of Article 12 of the Convention on the Rights of Children.

Research has shown that children are likely to suffer less emotional trauma from family break up if they feel they have a voice and are well informed about the changes they are facing. Consulting with children in mediation can also help parents to understand their child's perspective where family communication has broken down.

Watch this space for an update from Glynis who will shortly be announcing her accreditation to commence consultations with children in mediation.