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May 31, 2023Child Inclusive Mediation – Importance of a Child Consultant
It is crucial to hear about how your child or adolescent is experiencing their parent’s separation. Mediation for children incorporates children having an interview with a qualified child consultant who speaks with the children in a separate session and will provide feedback to the mediator and the parents to assist understanding of the child’s voice, experiences and future needs. Then parents proceed to mediation where they are better equipped to make child focussed decisions in a dispute resolution setting.
Child Consultant and Mediation for Children
What is a Child Consultant Lawyer?
Child Consultant Lawyers are experienced professionals who specialise in working with children and young people who experience separation. They have extensive knowledge of the developmental and emotional needs of children and young people during separation, and of the issues experienced by parents. They have extensive knowledge and experience in representing children and young people in the Family Law and Children’s Law area and uphold the United Nations Convention of the Rights of the Child. Their experience also extends to understanding safety/trauma intervention, child
development, family separation and family violence and child protection. They have specialist training in Children’s issues and Child Inclusive Mediations.
At NLS Law Neisha Shepherd, Founder and Solicitor Director, is an Independent Children’s Lawyer in the Federal Circuit and Family Court of Australia, as well as a Children’s Lawyer in Children’s Court of NSW. Neisha is also qualified in Child Inclusive Mediation and Counselling and can be engaged as a Child Consultant Lawyer in mediation for parenting matters in Family Law matters.
In this context Neisha independently talks with the child to obtain where the child is at, and if appropriate, their views, needs and wishes with the aim to help parents focus and think strategically to develop the appropriate and workable plans to achieve positive resolutions in parenting matters.
What is involved in child inclusive mediation?
Step 1: Parents can be referred or refer during a mediation process, or may request a session, when concerns for their child’s adjustment to separation are raised.
Step 2: The Child Consultant Lawyer will obtain the written consent for their child/ren to be seen before the process can continue and information about any relevant issues is provided to the Child Consultant Lawyer by both parents.
Step 3: The Child Consultant Lawyer will then meet with the child, or in the case of sibling groups several children may be seen at the same time and in individual sessions.
Step 4: Within the Family Dispute Resolution session, parents will be provided feedback around how their child is coping with the separation and how they will be supported to assist their child to manage any problems they may be experiencing. Parents may also be provided with relevant referrals at this time.
Step 5: This information may then be used in the Family Dispute Resolution process to assist parents to make decisions in the best interest of their child.
Note: All communication between the child consultant and child is confidential. Child consultants assess the overall wellbeing of the child and provide feedback accordingly. However an exception to Confidentiality may occur if a Duty of Care Issue arises.
This process will only occur if it is in the best interest of the child.
Who Is Child Consultancy For?
Separated families with children undergoing Family Dispute Resolution, including those in de facto or same sex relationships. Children must be at school to participate in child consultancy (however younger children are sometimes seen as part of a sibling group and at the discretion of the Child Consultant and the Parents), and we will conduct an assessment to determine if Child Consultation is appropriate for your situation.
The Benefits of Child Consultancy
Mediation for children allows both parents to receive independent professional feedback about how their child is coping with the family separation.
Parents will get to hear about what is working for their child and how they can continue to support their child post separation.
Parents often report being able to negotiate more objectively during Family Dispute Resolution as they have information which centres the process on their child’s needs.
During mediation for children your child has the opportunity to express how they feel freely, and their experiences and perspectives are placed in greater focus for parents when deciding on future care arrangements
If further support is needed referrals can be discussed for both children and parents.
At NLS Law helping children and parents navigate and survive separation is important to us. If you would like to discuss the involvement of a Child Consultant in your case, please contact NLS Law.