Is mediation compatible with children's rights?

Abstract

As the family courts of England and Wales buckle under the weight of an ever-increasing caseload, members of the judiciary join the call for alternative methods for settling these cases. The supporters of alternative processes are legion; many are loud in their campaigns to increase and extend the use of mediation. There is a mediation hotline, there are mediation centres nationwide and there are calls to make mediation compulsory for divorcing couples. It seems that no one doubts the efficacy of mediation in benefitting children. What remains uncertain is the extent to which children should be allowed or required to participate in that mediative process.

Keywords:

• mediation
• family jurisdiction
• best interests
• children
• participation