Originally from Dispute Resolution Journal

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I.    INTRODUCTION

Family mediation is an increasingly popular alternative to divorce litigation.   Given the high incidence of divorce in modern American society, families are understandably concerned about the impact of protracted litigation on child well-being.   In a number of states, courts may mandate family mediation for custody disputes.   As more families turn to mediation for their divorce and custody needs, the participation of children becomes an important and controversial issue. 

Though mediation presents an appealing alternative to costly court proceedings, integrating children into the process seems radical to many practitioners.  Many mediators worry that the experience may be unduly stressful for children in the midst of family crisis.   Despite these concerns, child-inclusive mediation has garnered significant attention in recent years.  Proposals to include children in family mediation follow an international trend toward the recognition and empowerment of children in legal proceedings.  In the years after the UN Convention on the Rights of the Child, many jurisdictions demonstrated greater willingness to weigh the opinions and preferences of children when resolving custody disputes.   The development of child-inclusive mediation, which solicits and delivers the input of children to separating parents, stems from these progressive policies.

The history of child-inclusive mediation demonstrates the effectiveness of the model for family dispute resolution.  It is superior to models that neglect or deny child input on custody matters.