The place of the child in mediation
Paramount or vulnerable third party?
DOI:
https://doi.org/10.1558/mtp.v1i1.27527Keywords:
Children's Act, mediationAbstract
This article reviews the place of the law in child mediation, suggesting that recent interest in hearing the voice of the child needs to be accompanied by consideration of the best interests of the child as required under the welfare paramountcy presumption of the Children Act (1989) when a consent order is a possible outcome.
References
Batagol, B. and Browne, T. (2011) Bargaining in the Shadow of the Law: The Case of Family Mediation. Annandale, Australia: Themis Press.
Child Dispute Resolution Advisory Group (2015) Final Report of the Voice of the Child Dispute Resolution Advisory Group. March. Retrieved on 16 April 2016 from www.gov.uk/government/uploads/system/uploads/attachment_data/file/421005/voice-of-the-child-advisory-group-report.pdf.
Family Justice Review Panel (2011) Family Justice Review: Final Report. November. London: Ministry of Justice, Department for Education and Welsh Government.
Family Mediation Council (2014) FMC Manual of Professional Standards and Self-Regulatory Framework. September. Retrieved on 16 April 2016 from www.familymediationcouncil.org.uk/wp-content/uploads/2014/09/fmc_standards_framework_manual.pdf.
Genn, H. (1999) Paths to Justice: What People Do and Think About Going to Law. Oxford: Hart Publishing.
Morris, P. (2015) Screening for domestic violence in family mediation: an investigation into how mediators manage disclosure of domestic abuse and associated emotions. Doctoral thesis, Brunel University.
Resolution (2014) Resolution Guides to Good Practice. Orpington: Resolution. Retrieved on 16 April 2016 from www.resolution.org.uk/site_content_files/files/guides_to_good_practice_2012_lo_res_merged.pdf.
Thoday, C., Trinder, L., Connolly, J. and Kellett, J. (2004) Families in contact disputes: a profile. Family Law 34(12): 877–81.
Child Dispute Resolution Advisory Group (2015) Final Report of the Voice of the Child Dispute Resolution Advisory Group. March. Retrieved on 16 April 2016 from www.gov.uk/government/uploads/system/uploads/attachment_data/file/421005/voice-of-the-child-advisory-group-report.pdf.
Family Justice Review Panel (2011) Family Justice Review: Final Report. November. London: Ministry of Justice, Department for Education and Welsh Government.
Family Mediation Council (2014) FMC Manual of Professional Standards and Self-Regulatory Framework. September. Retrieved on 16 April 2016 from www.familymediationcouncil.org.uk/wp-content/uploads/2014/09/fmc_standards_framework_manual.pdf.
Genn, H. (1999) Paths to Justice: What People Do and Think About Going to Law. Oxford: Hart Publishing.
Morris, P. (2015) Screening for domestic violence in family mediation: an investigation into how mediators manage disclosure of domestic abuse and associated emotions. Doctoral thesis, Brunel University.
Resolution (2014) Resolution Guides to Good Practice. Orpington: Resolution. Retrieved on 16 April 2016 from www.resolution.org.uk/site_content_files/files/guides_to_good_practice_2012_lo_res_merged.pdf.
Thoday, C., Trinder, L., Connolly, J. and Kellett, J. (2004) Families in contact disputes: a profile. Family Law 34(12): 877–81.
Published
2016-06-04
Issue
Section
Rapid Response
How to Cite
Maclean, M. (2016). The place of the child in mediation: Paramount or vulnerable third party?. Mediation Theory and Practice, 1(1), 111-118. https://doi.org/10.1558/mtp.v1i1.27527
