1. 1 Child Inclusive Mediation Practices for International Mediation Prof. Jennifer McIntosh ChildrenBeyondDispute.Com & Deakin University

2. The ISS Charter for International Family Mediation Processes (draft). A set of key principles to be respected: 1.Voluntary participation 2.Suitability of mediation 3.Decision-making by the participants 4.Access for each participant to independent legal advice 5.Confidentiality 6.Independence 7.Impartiality 8.Consideration of the rights and the interests of the child 9.Qualifications of international family mediators 10.Cultural awareness and sensitivity of mediators

3. 3 Article 8: Consideration of the rights and the interests of the child 1.Recognition of the rights of the child International family mediation is underpinned by the UN Convention: Children have the right to express this views on decisions and arrangements that affect their lives, given due weight according to their age and maturity.

4. 4 Article 8: Consideration of the rights and the interests of the child 2.Consideration of the needs and well-being of the child International FM processes must give special regard to the needs and wellbeing of children involved in the conflict. Mediators will thus encourage parents to focus on the developmental interests of their children… And enable children to develop and retain relationships with both parents, whenever safe.

5. 5 Article 8: Consideration of the rights and the interests of the child 3.Seeking and safely including the voice of the child The participation of school-aged children who are mature enough to express themselves… usually alongside the mediation process, and without direct involvement. Requires: the assistance of a trained person to represent the child, careful evaluation, consent of both parents, and child. The aims: for the child to voice views and feelings, not to take sides or make decisions…. And so much more.

6. 6 The Intent of Child Inclusive Mediation To support children’s adjustment to separation by equipping their parents with knowledge about development, and encouraging reflection on and sensitive response to their children’s unique needs, through a developmentally sound parenting plan.

7. 7 The Intent of Child Inclusive Mediation To build healthy pathways through separation, promoting prevention, and repair

8. 8 Complex? Yes. A powerful ally to mediation? Absolutely.

9. 9 How does child inclusive mediation/counselling work? When the dispute or issue concerns school aged children, the parents’ mediator: 1.determines whether consultation with the children concerned is appropriate and would be helpful (see Modules 3&4), 2.discusses the option with parents, and 3.gains consent of both parents in voluntary settings.

10. 10 Intent & Method in Consulting Children The children meet in a suitable venue with a Child Consultant, once or twice. The aim is to understand each child’s unique separation story….

11. 11 Aims in Consulting Children a)To understand what it’s like to be this child now, in the context of their parents’ separation, and their experience of each parent’s emotional availability b)Patterns of coping and adaptation adopted by the child, and potential consequences c)For the child to feel supported and understood, without pressure to make decisions, nor promises of change.

12. 12 The Feedback Conversations The Child Consultant then comes together with the parents and mediator/counsellor, to –share integral pieces of the child’s communication –act as a developmental translator –share their own thoughts about the child’s needs –bring the child’s developmental “agenda” into focus. –advise when necessary –build reflection and avoid reaction.

13. 13 The feedback conversation helps both parents and the mediator/counsellor, to ensure thinking and decision making is child focused. This conversation is guided by evidence based targets. (Module 2) The power of Child Inclusive work comes from its strong theoretical and clinical focus (Module 2)

14. 14 Professional Collaboration in CIM Effective teamwork: mediator + child specialist Effective engagement: –parents as experts about their children, child consultant expert about children and separation, mediator expert in child focused mediation. What a team! Feedback as a transforming conversation, guided by both professionals Documentation in the spirit of CI Carrying on the intent and tone of the whole CI process (Module 7)

15. 15 Child Inclusive Family Dispute Resolution Growing Research Evidence

16. 16 Early research To date, two comparative outcome studies have been conducted: In Australia: McIntosh, Long and Wells, 2009. In USA: Robin H. Ballard, Amy Holtzworth- Munroe, Amy G. Applegate, Brian M. D’Onofrio, and John E. Bates (2013)

17. 17 Practical accommodations for International Mediation Cases Use of a trained child consultant in the child’s city/region Virtual liaison with distant parent prior to children’s session A focus on the meanings to them of distance and relocation. Virtual feedback to one parent – visuals are important.

18. 18