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Children’s Voices, Family Disputes and Child-Inclusive Mediation
作者
：
出版日期
：
2024/05/28
閱讀格式
：
EPUB
ISBN
：
9781529228922
ePDF and ePUB available open access under CC-BY-NC-ND licence. Recent legislative changes in England and Wales have eroded children’s ability to exercise their article 12 UNCRC rights to information, consultation and representation when parents separate. However, children’s voices may be heard through child-inclusive mediation (CIM). Considered from a children’s rights perspective, this book provides a critical socio-legal account of CIM practice. It draws on in-depth interviews with relationship professionals, mediators, parents and children, to consider the experiences, risks and benefits of CIM. It investigates obstacles to greater uptake of CIM and its role in improving children’s wellbeing and agency. Exploring the culture and practice changes necessary for a more routine application of CIM, the book demonstrates how reconceptualising CIM through a children’s rights framework could help to address barriers and improve outcomes for children.
- Cover
- Half Title
- Series Page
- Title Page
- Copyright Page
- Table of Contents
- Series Editor’s Preface
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One Introduction
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Background and aims
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The impact of the neoliberal reforms
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Theoretical framing and key concepts: neoliberal ‘autonomy’ and ‘responsibility’
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Article 12 UNCRC: family justice for children
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Children’s rights and ‘evolving capacities’: space, voice, audience and influence
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Young people and child-inclusive mediation: research, methods and practice
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What child-inclusive mediation offers
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Two Children’s Right to Be Heard? Points of View from Relationship Professionals and Children
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Introduction
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Hearing from young people: the views of the relationship professionals
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An outlet
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Voice not choice
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Non-child-inclusive mediation interventions and support
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The views of the young people
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A right
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A given
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Voice and choice
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Universal
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Non-child-inclusive mediation interventions and support
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The risks of child-inclusive mediation
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Pressure
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Manipulation
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Parents not listening
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The benefits of child-inclusive mediation
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Informing the child
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Reassuring the child
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Respecting the child
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Improving family relationships
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Filtering and reframing
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Whole family support on separation
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Conclusion
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Three Entering Child-Inclusive Mediation: Barriers to Uptake
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Introduction
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The purpose of child-inclusive mediation
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Mediators
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Parents
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Young people
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Barriers to access to information and support
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Barriers to greater uptake of child-inclusive mediation
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Awareness
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Costs
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Lawyers and mediators as gatekeepers
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Practitioner confidence
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Parents as gatekeepers
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Conclusion
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Four Experiences of Child-Inclusive Mediation
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Introduction
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The process of child-inclusive mediation
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The offer: ‘space’
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Age
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The setting: face-to-face and remote mediation
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The format
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The meeting
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The feedback session
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The risks of child-inclusive mediation
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Pressure
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Manipulation
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Parents not listening
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Unpalatable feedback
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Satisfaction with the process
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What children liked about the process of child-inclusive mediation: ‘audience’
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Informing the child
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Reassuring the child
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Respecting the child
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Protecting the child
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Future focus
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Filtering and reframing
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What children did not like about the process of child-inclusive mediation
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Communication
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What parents liked about the process of child-inclusive mediation
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Reaching child-led agreements
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Reassuring the parent
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Reassuring the child
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Respecting the child
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Filtering and reframing
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Protecting the child
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What parents did not like about the process of child-inclusive mediation
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Power dynamics
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Costs
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Conclusion
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Five Outcomes of Child-Inclusive Mediation
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Introduction
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Resolving matters in child-inclusive mediation
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Reaching agreement: ‘influence’
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Proper consideration
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Due weight
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Reporting back
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Did settlements last?
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What children liked about the outcome of child-inclusive mediation: ‘influence’
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Owning the outcome
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Clarity
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Improving family relationships
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Safety
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What children did not like about the outcome of child-inclusive mediation
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What parents liked about the outcome of child-inclusive mediation
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Child-led agreements
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Wellbeing benefits for the children
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Developmental benefits
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Improving family relationships
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Greater durability
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A level playing field for fathers
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What parents did not like about the outcome of child-inclusive mediation
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Communication
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Cases unresolved in child-inclusive mediation: fringe benefits
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Parental dissatisfaction with outcomes
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Conclusion
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Six Conclusions
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Introduction
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Conceptual changes: parental autonomy versus children’s rights
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Relational family autonomy in CIM
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Reconceptualizing the purpose of child-inclusive mediation
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Legal and procedural changes: towards a children’s rights framework
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Incorporation of the UNCRC
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Alternative routes to realizing UNCRC rights on parental separation
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Statutory change
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Practical changes: towards a children’s rights framework
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Child-inclusive mediation awareness and education about children’s rights-changing expectations
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A universal child-inclusive mediation offer to children and parents
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Child-friendly information
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Enhancing mediator training and skills: reframing the offer
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Enhancing mediator training and skills: understanding the additional benefits
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Addressing structural barriers
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Costs and legal aid
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Code of Practice: embracing the child-inclusive mediation challenge
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Code of Practice: age of the child
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Family Mediation Council Standards Framework: feedback to young people
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Next steps
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- The Healthy Relationship Transitions (HeaRT) Research Study: Project Design and Methods
- Lundy’s Conceptual Model of the United Nations Convention on the Rights of the Child, Article 12 Inclusion
- Lundy’s Voice Model Checklist for Participation
- References
- Index
- 出版地 ： 英國
- 語言 ： 英文
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