The Continuum of Including Children in ADR Processes: A Child‐Centered Continuum Model

Abstract

A four-level Child-Centered Continuum Model (CCCM) for being child focused and child inclusive is introduced as a skillsbased framework to increase the likelihood that children are considered in mediation and alternative dispute resolution (ADR) processes. The article highlights children as parties to versus objects of family matters that affect them and begins with the belief that children are active participants in family systems. Parent readiness to hear their children is reviewed as well as a description of each of the four levels of the CCCM. Issues related to ADR practitioner neutrality, child and family safety, and skills are addressed.Key Points for the Family Court Community:Continuum model for levels of inclusion of children in mediation Practice tool to assist in the identification of parent readiness to hear children Practice tool to assist separated parents to hear child and youth concerns Approaches to working with dysregulated parents Levels of child inclusion

Anxiety and defensiveness as predictors of maternal child-centrism

“…As the notion of feminist sociological imagination stresses (Garey & Arendell, 2001), families are composed of individuals with both common and diverse interests. Moreover, prioritizing children's needs is well anchored in most Western formal policies in the form of allocating funds for child well-being above the needs of most other populations (Hennum, 2014; Yasenik & Graham, 2016). Indeed, this social perception pervades and shapes maternal attitudes underlying various child-centered patterns, especially over the last two decades (e.g.…”

Why Listening to Children and Young People is Important in Family Justice

“…In New Zealand, mediators developed a direct participation approach that allows those children who wish to be involved to make a brief, uncontested statement at the start of mediation before the parents attempt to resolve issues in dispute (Boshier, ). Yasenik and Graham () have pointed out that it is the mediator's job to undertake a multiparty mediation that is inclusive of all the parties, including children, taking account of vulnerabilities. In other words, children are not to be regarded as passive players in the unfolding family dynamics, and parents do not hold all the power to decide to exclude their children for whatever reason.…”

“…The onus, it seems, is on the mediator and the parents to assess the value of talking directly to a child, rather than there being a presumption with respect to the rights of a child to be heard in any family law process that impacts their life if they so wish. In order to address the dilemma inherent in this kind of model, Yasenik and Graham () have developed a four‐level Child‐Centred Continuum Model for ensuring the input of children and young people. It considers the balance between including children and child safety.…”