Involving Children Within the Divorce Mediation Process (From Alternative Means of Family Dispute Resolution, P 205-217, 1982, Howard Davidson et al, ed. - See NCJ-92365)

• NCJ Number: 92167
• Author(s): W P Phear
• Date Published: 1982
• Length: 13 pages
• Sale Source: American Bar Assoc
• Language: English
• Country: United States of America

Annotation

The Children's Judicial Resource Council has begun to routinely involve the children in their parents' divorce mediation. Children are anxious about their own lives during divorce and can be helped to participate constructively at a level appropriate to their age.

Abstract

Children's participation in the mediation process can help them resolve some of their pressing concerns and can serve to initiate a process through which future tensions can be resolved. Self-worked agreements are perceived by the participants as being more equitable and are, therefore, usually more durable than agreements imposed upon the parties involved. All divorce mediations begin only after a 'mediation contract' has been signed by the parties, and their lawyers if they are to be present. The contract addresses the need for full disclosure, confidentiality, and the need to make decisions in terms of the children's best interest and needs. In addition, an absolute deadline is set for the final mediation session, usually a date 3 to 4 weeks in the future. Three representative case studies involving children of different ages (preschool, school age, and adolescence) are presented and discussed. Three references and sample mediation agreements are included.