Child‐focused and Child‐inclusive Divorce Mediation: Comparative Outcomes From a Prospective Study of Postseparation Adjustment

Abstract

This study compared outcomes over 1 year for two groups of separated parents, who attended two different forms of brief therapeutic mediation for entrenched parenting disputes. The two interventions each targeted psychological resolution of parental conflict, enhanced parental reflective function, and associated reduction of distress for their children. The child-focused (CF) intervention actively supported parents to consider the needs of their children, but without any direct involvement of the children, while the child-inclusive (CI) intervention incorporated separate consultation by a specialist with the children in each family, and consideration of their concerns with parents in the mediation forum. Repeated measures at baseline, 3 months, and 1 year postintervention explored changes over time and across treatments in conflict management, subjective distress, and relationship quality for all family members. Enduring reduction in levels of conflict and improved management of disputes, as reported by parents and children, occurred for both treatment groups in the year after mediation. The CI intervention had several impacts not evident in the other treatment group, related to relationship improvements and psychological well-being. These effects were strongest for fathers and children. Agreements reached by the CI group were significantly more durable, and the parents in this group were half as likely to instigate new litigation over parenting matters in the year after mediation as were the CF parents. The article explores the potential of CI divorce mediation to not only safely include many children in family law matters related to them, but also to promote their developmental recovery from high-conflict separation, through enhanced emotional availability of their parents.

Centralising Children's Needs in Dispute Resolution in Family Violence Cases

“…Both family mediation and Collaborative Practice utilise child inclusive practice. This has been influenced by empirical and clinical evidence that shows how child inclusive practice centralises the needs of the child by enhancing parents' understanding of their children's experiences, needs and views, and how this leads to more informed and durable agreements that can also influence improved family relationships (McIntosh et al, 2008).…”

Separación o divorcio de los padres. Consecuencias en los hijos y recomendaciones a los padres y pediatras

“…Estos programas generalmente son breves y didácticos, focalizándose en cómo ayudar a los niños a enfrentar la situación durante e inmediatamente después del proceso de divorcio. Un grupo de investigación en Australia 45 ha implementado un programa de mediación que incluye a los niños y se ha visto que tiene un efecto en reducir los niveles de conflicto y un mejor manejo de éstos. También se proponen nuevos diseños para aplicar en los tribunales con el fin de realizar un divorcio colaborativo en vez un enfoque confrontacional 46 .…”

Acknowledging Children’s Voice and Participation in Family Courts: Criteria that Guide Western Australian Court Consultants

“…First, research about children's competencies and rights revealed children's desire to be included in the process (Campbell, 2004;Graham & Fitzgerald, 2010a;James & Prout, 1997;Mayall, 1994;McIntosh, 2003;McIntosh, Well & Long, 2007;Parkinson & Cash-more, 2008;Smart, Neale & Wade, 2001;Smith, Taylor, & Tapp, 2003;United Nations, 1989). Second, researchers found that children and adults who participated in a process that involved children, thought it was potentially beneficial to them (Fitzgerald & Graham, 2011a;Goldson, 2006;Lodge & Alexander, 2010;McIntosh, 2000McIntosh, , 2003McIntosh, Wells, Smyth, & Long, 2008;Moloney & McIntosh, 2004). This led to an acceptance in Australia that what is required is not merely an interest in 'listening to the voice of the child' but listening to the voice of the child because they have the 'right to be listened to'.…”