THE INCLUSION OF / FOCUS ON CHILDREN IN FAMILY MEDIATION: A REVIEW OF STUDIES AND FUTURE PROPOSALS

Abstract

Mediation is an established model for conflict resolution, backed by the international community in relation to family law, to help parents seeking solutions to family problems in child custody cases. The aim of this article is to review the advantages and/or disadvantages presented in the studies with child-inclusive or child-focused interventions in family mediation processes. In the present research, we carry out a review of studies realised in Australia, New Zealand, some counties in the US and in Europe; meta-analysis and review studies of 'child inclusive' investigations, international guidelines that support listening to children and also studies that criticise it. While mediation has existed for four decades in other countries, in Spain it has only arisen since the enactment of Law (1/2001) of Family Mediation in Catalonia, followed by other local regulations, which explains why sufficient studies might not yet exist. In some countries a new paradigm is emerging, aimed at the inclusion of children due to the favourable findings in family mediation processes, although a multiple and flexible approach in the field of family mediation intervention is necessary.

Keywords

• Family Mediation
• Child Custody
• Child-Inclusive
• Child-Focused mediation.