The involvement of children in the process of mandatory family mediation

Abstract

Mediation is mandatory for all separated divorcing/separating spouses and co-habiting partners in Norway with children under the age of 16. A mediation model called "Children in Mediation" (Barn i mekling, known as BIM) systematically includes children in the mediation process. In the article, we address two key issues based on statements from children to their parents as well as questionnaires completed by mediators and children in 250 mediations. Our first focus is on how the children's actorship is expressed in the mediation context. We show that when given the opportunity, children largely choose to speak up, and we present some examples of their statements. We thematise the contradictory considerations of participation and children's right to protection and assert that children's potential vulnerability cannot, in general, justify preventing them from participation. Our second focus is on children's experiences of their own participation and their general views on the inclusion of children in mandatory mediation and relationship breakdowns. In this analysis, we include how the level of conflict and problem accumulation in the family impacts the children's decision-making about whether to participate or not. In the absolute majority of cases, children have positive experiences of their participation and encourage other children to participate. These assessments were made regardless of the level of conflict and degree of problem accumulation in the family.