Skip to main content

Insight article

July 8, 2022

Should you include your children in mediation?

Examining child-inclusive mediation and whether it is suitable for your family.

Going through divorce or separation is challenging, particularly if you have children. If your children are old enough, they may express worry, concern, or preferences about what they would like to happen. However, should your children become formally involved in the process through a child-inclusive mediation?

What is child-inclusive family mediation?

Child-inclusive mediation allows children to be part of the mediation process in a structured and practical way. Typically, couples use mediation to resolve any issues or disputes that arise throughout divorce or separation. Through child-inclusive mediation, your children can have their say too.

Children often wish to have their voices heard on divorce and separation matters, as it dramatically impacts their everyday lives. For example, they may have opinions about who they would like to live with, how much time they spend with each parent and even how much contact they have with their wider family, such as grandparents. You can choose to listen to your child’s opinions using child-inclusive mediation.

When should you include your child in the process?

It can be very stressful for children to talk about living arrangements and other matters, as they don’t want to disappoint either of their parents. In addition, children often tell each parent what they want to hear rather than what they want, which can cause more conflict.

However, parents can involve their child or children in the mediation process, providing them with a safe space to discuss their feelings and opinions.

A mediator will help your child process their views and form clear opinions about what they would like to happen in the future. Child-inclusive mediation can lead to more child-focused outcomes and help parents understand how to deal with their child’s opinions and emotions.

Will it be stressful for your child?

In most cases, being involved in the mediation process can improve your child’s well-being. For example, children often feel frustrated and left out during the divorce or separation process. Child-inclusive mediation can make them feel like you are genuinely considering their feelings and opinions. However, if your child does not want to be involved in the mediation process, you should not force them.

When is it not appropriate?

In most cases, child-inclusive mediation is unsuitable for children under ten years of age.

If your child is over ten, the mediator may still recommend that your child does not participate if they cannot process their emotions or understand what is happening and how it affects them. If you, as parents or the mediator, feel participation in mediation would be distressing for your child, keeping them out of the mediation process would be best.

Call Pippa Marshall today to find out more about child-inclusive mediation.

To find out more about mediation generally, visit Resolution. Pippa Marshall is a member of Resolution, a community of family justice professionals who work with families and individuals to resolve issues in a constructive way.

Note: This article is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Blowing kisses, not boundaries
    Tribunal clears air on workplace etiquette.


    Read more
  • Estate planning: How not to make mincemeat of it!
    The High Court has confirmed that a will handwritten on the back of two cardboard food packages is legally binding.


    Read more
  • When charity shouldn’t begin at home
    The downfall of the Captain Tom Foundation is a cautionary tale of what happens when a charity gets too close to home — highlighting the complexities of charity governance and accountability in the sector. The foundation, created to continue the fu


    Read more
  • Six tips to make things simple for your executors
    An executor is legally responsible for carrying out the instructions set out in a will.


    Read more
  • Staying ahead in a changing legal landscape
    Regularly reviewing employment contracts and policies is essential for legal compliance and risk mitigation. Stay updated on legislative changes, workplace trends, and best practices to protect your business and employees.


    Read more

What they say...

  • Roman Cassini, February 2025
    “Peter Wright – highly recommended solicitor, helped us though a complicated flat sale with consummate professionalism.”

  • Caroline Rice, February 2025
    “Charlotte was very thorough, kind, and patient with my mum. She explained everything brilliantly and has a lovely manner. She was efficient and had excellent communication skills.”

  • Mikaela, February 2025
    “Martin was brilliant – so professional and personable. He clearly has a lot of expertise, and we always felt were in safe hands. He’s always available to speak on the phone, and is incredibly patient and reassuring. He worked effic

  • Bibiana Farenzena, February 2025
    “Victoria Holland and Evangelos Kyveris I want to thank you for your involvement and efforts on this case. You have been immensely helpful, and I appreciate all your knowledge and advice regarding this matter.”

  • Dabid Shaw, February 2025
    “Excellent , personalised one to one client care. Options laid out in a comprehensible manner. Fees appropriate for service provided.” Herman Cheung

Read more
Send this to a friend