Distinction from traditional legal processes

Care and contact mediation stands in stark contrast to traditional legal processes in its approach to resolving conflicts within families. Unlike the adversarial nature of litigation (Childrens Court), where each party may hire an attorney to represent their interests in court, mediation is a collaborative and non-confrontational method. In family mediation, the emphasis is on open communication, cooperation, and finding mutually agreeable solutions. The mediator, a neutral third party, facilitates dialogue rather than making decisions for the family.

This process is voluntary, confidential, and encourages family participants to actively participate in crafting their own resolutions. While traditional legal processes often heighten animosity and can be lengthy and costly, Care and contact mediation seeks to promote understanding, maintain relationships, and offer a more efficient and cost-effective alternative to resolving family disputes.

Benefits of choosing mediation for family or care and contact disputes

■ Open communication: mediation fosters open and constructive dialogue among family participants, promoting better understanding and collaboration.

■ Voluntary participation: participants willingly engage in the process, fostering a sense of commitment and investment in finding resolutions.

■ Neutrality: mediators remain impartial, ensuring a balanced approach to decision-making and mitigating power imbalances.

■ Cost-effective: mediation is often more economical than traditional litigation, saving families time and money.

■ Time efficiency: the process is generally quicker than legal proceedings, reducing the duration of conflict and stress.

■ Confidentiality: mediation ensures that discussions remain private, allowing for more candid conversations without fear of public exposure.

■ Empowerment: family participants actively participate in decision-making, contributing to a sense of ownership over the outcomes.

■ Tailor-made solutions: mediation focuses on creating personalised and sustainable solutions that address the unique needs of the family.

■ Preservation of relationships: unlike adversarial processes, mediation seeks to maintain or restore relationships within the family, fostering a more positive post-resolution environment.

■ Flexibility: the process can be adapted to suit the specific needs, issues, and communication styles of the family participants involved.

Child inclusive mediation (voice of the child)

Child inclusive mediation is a form of alternative dispute resolution that allows children to have a voice in the process of their parents’ separation. The child’s views are shared through a professional that attends the mediation, such as a mediator, a counsellor, or a lawyer. The mediator helps the parents to communicate effectively and respectfully, and to explore their options and interests in relation to their children’s best interests.

Child inclusive mediation is based on the principle that children have the right to participate in any matter concerning them, as stated in Section 10 of the Children’s Act. This means that children should be involved in decisions about their living arrangements, contact with each parent, education, health care, and other aspects of their lives. Child inclusive mediation aims to empower children to express their opinions and preferences, and to respect their wishes and feelings.

Child inclusive mediation can benefit both children and parents by providing them with an opportunity to resolve their conflict in a constructive and cooperative way. It can also help them to maintain or improve their relationship with each other, and to reduce the negative impact of separation on their well-being.

Child inclusive mediation is encouraged by the law and by some courts. However, it is not suitable for every case or every child. Some factors that may affect the suitability of child inclusive mediation include:

■ The age, maturity, and stage of development of the child
■ The willingness and ability of the child to participate
■ The nature and complexity of the dispute
■ The availability and quality of support services for the child