We can advise how Child Inclusive Mediation can be used as an effective way of resolving family law issues, including arrangements for children.

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Child Inclusive Mediation

Our team of experts are highly experienced in Child Inclusive Mediation. As a firm we regularly discuss with clients how Child Inclusive Mediation can be used as an effective way of resolving family law arrangements for children. Kate Elliott, Sarah-Jane Riddell and Hazel Manktelow are the team’s professionally trained CIM mediators.

The process follows a clear, carefully managed sequence of steps designed to protect the child’s wellbeing at every stage.

What is Child Inclusive Mediation?

Child Inclusive Mediation can be an important part of the family mediation process. It involves a specially trained mediator, the Child Inclusive Mediator (CIM), meeting separately with the children in the family to understand their wishes, feelings and experiences.

In 2016, the Ministry of Justice published a detailed report recommending that all children aged 10 and above should be offered the opportunity to speak to a mediator when child arrangements are being made. This recommendation reflects a growing recognition that children have a right to be heard and that agreements made with their voices in mind are more likely to hold.

Crucially, this is not the same as asking children to choose between their parents or decide their own arrangements. The Child Inclusive Mediator makes it clear to the children from the outset that the decisions are their parents’ to make but that their voices matter, and that anything they wish to say can be fed back, with their permission, in a subsequent session with their parents.

The process is entirely voluntary for both parents and children. However, in our experience, it is rare for a child who is given the opportunity to speak to a Child Inclusive Mediator to turn it down and rarer still for parents not to find the feedback session genuinely transformative.

The word we use most often to describe Child Inclusive Mediation is ‘powerful’. Hearing their child’s authentic voice, unburdened by the need to protect either parent, enables parents to shift their focus from their own conflict to what their children actually need.

Step 1: Meeting with both parents

Before any child is involved, the Child Inclusive Mediator meets with both parents together, or separately if needed, to explain the process in full. This gives parents the opportunity to understand what will happen, raise any concerns, and share background information about their children that will help the mediator approach the meeting appropriately.

Step 2: Inviting the children

Before the children are contacted, both parents must give their consent in writing. Both parents hold parental responsibility, and this must be a decision taken jointly for the benefit of the children. As part of giving your consent you also agree to attend a feedback meeting as it is important that you hear any messages your children want shared with you.

Once written consent is in place, the mediator writes to each child individually, by letter or email, with an age-appropriate invitation to come and meet them. The letter explains who the mediator is and what the meeting will involve, in language suited to the child’s age. Parents are encouraged to talk through the invitation with their children beforehand, to answer any questions and reassure them about what to expect. One parent brings the children to the meeting and waits outside while the session takes place.

Child Inclusive Mediation is most commonly offered to children aged 10 and above. Younger siblings can also be included where this is considered appropriate for that individual child.

Step 3: The children’s meeting

The meeting is confidential to the child. They are told from the start that the mediator is not there to report everything back to their parents, that what gets shared is entirely their choice. The Child Inclusive Mediator uses age-appropriate language and techniques to give the children space to talk about how life is for them: what they enjoy, what they find difficult, what worries them, and what messages, if any, they would like their parents to hear.

The meeting typically lasts between 45 minutes and one hour. Where there is more than one sibling, the mediator will see them together or separately, depending on what the children themselves prefer – they may begin together and then spend some individual time with each child. There is no written record of what is discussed, and children meet the mediator on one occasion only.

Step 4: The feedback session

At a subsequent session, the Child Inclusive Mediator feeds back to both parents the messages the children have chosen to share and only those messages. This session is one of the most significant parts of the process. It is often emotional, frequently moving, and almost always clarifying.

Parents regularly tell us that hearing their children’s voices in this way changed their perspective – and in many cases, broke an impasse that had been preventing them from making progress in mediation. Decisions that had felt impossibly contested often become much clearer once parents have heard directly how their children are experiencing the separation.

We have put together a range of downloadable resources to explain some of the benefits of child inclusive mediation, how the process works and why it might be right for you.

Why does it matter?

When families separate, children are often navigating an incredibly difficult situation largely in silence. They want to protect both of their parents. They may not want their friends to know what is happening at home. Their wider family members, however well-intentioned, often carry loyalties that make it hard for children to speak freely.

Child Inclusive Mediation gives children something genuinely valuable: an independent, neutral adult who is speaking with both of their parents, who has no agenda of their own, and who is there solely to listen. For many children, this is one of the only opportunities they will have during the separation to be truly heard.

This matters not just for the child’s wellbeing in the moment – it has lasting implications. Research consistently shows that children whose views are acknowledged and respected during family breakdown experience better long-term outcomes, lower levels of distress, and a stronger ability to adjust to changes in their family structure.

It also matters for the mediation process itself. Parents who have heard their children’s voices in this way are more likely to make decisions together, more likely to reach durable agreements, and more likely to focus on their children’s needs rather than their own conflict.

Children can adapt well to having two homes but this is far more likely where their parents are able to work together positively. That does not have to mean warm, friendly co-parenting. For many families, what is achievable is what is sometimes called ‘parallel parenting’ where parents operate separately but consistently, and their children are not caught in the middle of ongoing conflict. Child Inclusive Mediation can be a powerful catalyst for reaching that place.

 

Is Child Inclusive Mediation suitable for us?

Child Inclusive Mediation is not right for every family, and it is never imposed. Your mediator will discuss whether it is appropriate in your circumstances, taking into account the ages and maturity of your children, the nature of the issues being resolved, and any other relevant factors.

It is generally most suitable when:

  • parents are in the process of family mediation and have children aged 10 or over (though younger siblings may also be included);
  • both parents are willing to hear their children’s feedback openly and constructively;
  • the children themselves are willing to take part and participation is always the child’s choice; and
  • there are no serious safeguarding concerns that would make the process inappropriate.

Even where Child Inclusive Mediator is not felt to be suitable for a particular family, your mediator can discuss other ways to ensure your children’s voices and wellbeing are kept central to the process – including signposting to counselling or therapeutic support if that would be more helpful.

Our Child Inclusive Mediation team

Family Law Partners is proud to have a team of accredited Child Inclusive Mediators who are passionate about ensuring children’s voices are heard during family separation. All of our Child Inclusive Mediator practitioners hold specialist training, are subject to enhanced DBS checks, and are committed to keeping their skills and knowledge up to date.

Child Inclusive Mediation sits at the heart of our wider approach to family resolution — one that recognises that when families separate, the best outcomes are those that are built around the needs of children, not shaped by the conflict between adults.

To find out more about our mediators, please visit our meet the team page.

How to book family mediation?

If you would like an appointment with one of our specialists in BrightonLondonHorshamTunbridge WellsAscotChelmsfordEastbourneFleetPetersfield or Winchester then please contact us on 0330 055 2234.

Further reading

You can read more about Child Inclusive Mediation and the voice of the child in our blog:

For more about the wider family mediation process, visit our Family Mediation page, or explore our full range of dispute resolution options.

Answering common questions about family mediation:

Is Child Inclusive Mediation the same as counselling?

No. Child Inclusive Mediation is a distinct process from counselling, and the two should not be confused. The mediator’s role is not therapeutic — it is to give the child a voice within the mediation process, and to help parents hear what their children want them to know. That said, it may well be that your child would also benefit from seeing a counsellor who specialises in working with children and young people. Your mediator can discuss this with you and, if appropriate, help you find suitable support.

What if we decide we do not want our children to see the mediator?

That is absolutely your choice. Child Inclusive Mediation is entirely voluntary for both parents and children. If either parent decides they do not want their children to take part, or if the children themselves decide they do not want to meet the mediator, the process will not go ahead. There is no pressure on anyone to participate, and the decision of parents or children not to engage with CIM will not affect the mediation process itself.

Will my child be pressured into saying things?

Absolutely not. The Child Inclusive Mediator’s role is to create a space where the child feels entirely free to speak, or not to speak. Children are told clearly that there is no expectation for them to say anything they do not want to share, and that they control what, if anything, is fed back to their parents.

What if I am worried about what my child might say?

It is natural to feel anxious about this. Many parents worry that their child will say something critical of them, or that they will be placed in a position of having to defend their parenting. In practice, the feedback session is carefully managed by the mediator, and the focus is always on the child’s experience and needs – not on apportioning blame. Most parents tell us afterwards that the process was far less daunting than they anticipated, and far more valuable.

Does my child have to see the same mediator as us?

Not necessarily. Not all family mediators are trained in Child Inclusive Mediation. If your mediator does not hold this specialist accreditation, they can refer the children’s meeting to a colleague who does. At Family Law Partners, we have a number of accredited Child Inclusive Mediator practitioners within our team.

Will it be confidential?

Yes. The meeting between the CIM mediator and the children is entirely confidential. Only what the children explicitly give permission to share will be fed back to their parents. Your children will have this explained to them clearly at the start of the meeting, and they will be in control of what is and is not passed on.

What age does my child need to be?

Child Inclusive Mediation is generally offered to children aged 10 and above. However, the recommended age is not absolute – a child’s maturity and individual circumstances are always taken into account. Where there are younger siblings, the CIM mediator may assess whether it is appropriate for them to be included too.

You have more choices than you might think

We are committed to advising you of all the options available to you, and (unlike other family lawyers) will support you with solutions that avoid the traditional court process.

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