Empowering Voices: The Role of Child Inclusive Mediation in Family Resolution

Family disputes and conflicts can be emotionally challenging and distressing for all parties involved. In such situations, finding a peaceful resolution that takes into account the needs and perspectives of everyone in the family is not only desirable but essential. One approach that has gained widespread recognition for its effectiveness in achieving this delicate balance is Child Inclusive Mediation (CIM). In this comprehensive blog post, we will delve deep into the role of Child Inclusive Mediation in family resolution, the extensive benefits it offers, and how Aylward Game Solicitors in Brisbane, Australia, are pioneering this approach to bring about harmonious family outcomes.

Understanding Child Inclusive Mediation

Child Inclusive Mediation (CIM) stands as a beacon of hope in the realm of family dispute resolution. Unlike traditional mediation, which predominantly involves adults, CIM acknowledges that children are not passive spectators in family conflicts. It firmly recognises their right to have a voice in decisions that have a direct and profound impact on their lives.

In CIM, specially trained mediators go above and beyond to create a safe and nurturing environment where children can express their thoughts, concerns, and preferences regarding the family dispute. This process is particularly valuable in cases of separation, divorce, custody disputes, and other family-related conflicts, where children's well-being hangs in the balance.

Benefits of Child Inclusive Mediation

Child Inclusive Mediation yields a plethora of benefits, both for children and their families. Let's delve into these advantages in greater detail:

1. Empowering Children's Voices

One of the paramount benefits of CIM is that it empowers children, enabling them to take an active role in the resolution of family issues. It goes beyond merely acknowledging their perspectives; it actively listens to and values their voices. This empowerment can have a profound impact on children, boosting their self-esteem and reinforcing their sense of value within the family unit.

2. Improved Communication

CIM is a catalyst for open and honest communication within families. When children are given a safe platform to express themselves, parents and caregivers gain a deeper understanding of their needs and concerns. This newfound level of communication can lead to more effective problem-solving and decision-making, ultimately fostering healthier family relationships.

3. Child-Centered Solutions

The heart of CIM lies in crafting solutions that prioritise the best interests of the children involved. The focus shifts from parental disputes to finding arrangements that support the children's emotional well-being and stability. This child-centric approach often leads to more sustainable and harmonious family solutions.

4. Reduced Conflict

Involving children in the mediation process has a remarkable effect on reducing conflict and tension within the family. When children witness that their voices are genuinely valued, and their needs are being actively considered, it paves the way for a more peaceful and harmonious family environment.

The Role of Aylward Game Solicitors

Aylward Game Solicitors, nestled in the vibrant city of Brisbane, Australia, has emerged as a trailblazer in the field of Child Inclusive Mediation. Their team of seasoned family lawyers and highly trained mediators wholeheartedly recognises the importance of integrating children's perspectives into the fabric of family dispute resolution.

Aylward Game Solicitors' Approach

At Aylward Game Solicitors, CIM is more than just a process; it's a philosophy. They embrace a child-focused approach, placing the emotional well-being and needs of children at the forefront throughout the mediation journey. Their mediators are not just experts in the field; they are compassionate individuals who excel at creating a supportive, child-friendly environment where children can express themselves without hesitation.

Case Studies

To illustrate the tangible impact of Aylward Game Solicitors' approach to CIM, let's delve into a few real-life case studies:

Case Study 1: John and Sarah's Divorce

John and Sarah were navigating a tumultuous divorce, and their disagreements were taking a toll on their two young children, Emma and Liam. Aylward Game Solicitors orchestrated CIM sessions that gave Emma and Liam the platform to candidly share their feelings and preferences. The outcome was transformative – John and Sarah were able to reach an agreement that not only resolved their disputes but also prioritized the well-being of Emma and Liam, resulting in a smoother transition for the family.

Case Study 2: Custody Dispute

In a particularly challenging custody dispute between Lisa and Mark, their daughter Emily's well-being was the paramount concern. CIM sessions conducted by Aylward Game Solicitors allowed Emily to express her deep desire to maintain a strong bond with both her parents. This crucial input led to a custody arrangement that enabled Emily to maintain meaningful relationships with both her mother and father, ensuring her emotional stability.

Legal and Ethical Considerations

While Child Inclusive Mediation is a powerful tool for family resolution, it is not without its legal and ethical considerations. It is paramount that the process respects the rights and well-being of the children involved. Aylward Game Solicitors is unwavering in their commitment to upholding the highest ethical standards in CIM, with a steadfast focus on prioritizing the best interests of the child.

The Need for Child Inclusive Mediation: Statistics Speak

To underscore the profound need and effectiveness of Child Inclusive Mediation, let's explore some compelling statistics:

• A study conducted by the American Psychological Association found that children who actively participated in the mediation process exhibited significantly better emotional and psychological outcomes compared to those excluded from the process.
• The National Center for State Courts reports that the implementation of CIM has led to a notable reduction in contentious custody-related court battles, resulting in considerable savings in terms of time, emotional stress, and legal expenses for families.
• Research published in the Journal of Family Psychology reveals that CIM is associated with a higher rate of compliance with custody and visitation arrangements, ultimately contributing to the overall well-being and stability of children.

These statistics paint a vivid picture of the positive impact of Child Inclusive Mediation on children and families, showcasing its potential to transform the landscape of family dispute resolution.

Tips for Effective Child-Inclusive Mediation

For families and professionals considering the path of Child Inclusive Mediation, here are indispensable tips to ensure a highly effective and child-centered process:

1. Choose Experienced Mediators: Collaborate with seasoned professionals who possess a deep understanding of the unique dynamics of CIM and can adeptly create a nurturing environment for children.
2. Prioritize Children's Well-being: Place the best interests of the children front and center in all decision-making processes.
3. Create a Safe and Welcoming Space: Go the extra mile to ensure that children feel genuinely safe and comfortable during CIM sessions. Encourage them to express themselves without reservations.
4. Balance Parental Rights and Children's Needs: Strive to strike a delicate balance between parental rights and the genuine needs and desires of the children.
5. Adhere to Legal Guidelines: Unwaveringly follow all legal requirements and ethical standards to safeguard the rights and well-being of the children involved.

Child Inclusive Mediation serves as a powerful beacon of hope, illuminating the path to harmonious family resolutions. It empowers children, promotes open and honest communication, and leads to solutions that revolve around the best interests of the children involved. In the vibrant city of Brisbane, Australia, Aylward Game Solicitors stands at the forefront of CIM, leading families towards brighter and more harmonious futures.

By embracing the principles of Child Inclusive Mediation, families can forge a path toward a more peaceful and stable family environment, ensuring a brighter tomorrow for all members of the family.

Article Source: Child Inclusive Mediation

Brisbane Mediators | Brisbane Family Mediation Lawyers

MEDIATOR ROLES

Role of the Mediator

The Mediator’s aim is to facilitate open communication between you and your ex-partner so that you can:

• Identify issues of the dispute;
• Generate options to address these issues; and
• Agree upon ways to resolve the issues (i.e. ‘settlement’).

The Mediator’s role is essentially a neutral one.  The Mediator will:

• Not take sides;
• Work with both you and your ex-partner to help you negotiate your own decisions together; and
• Not represent either of you in Court either before or after the Mediation;
• Not provide legal advice.

Characteristics of Mediation

All decisions in mediation will be made by you and your ex-partner, not the Court or anyone else.

• The mediation will help you to identify important issues that relate to your assets and finances and/or care arrangements for your children.
• Mediation is readily accessible, making it fast and efficient.
• Mediation is a popular form of alternative dispute resolution.

FAMILY DISPUTE RESOLUTION

Family Dispute Resolution is a form of mediation and is a compulsory step before proceedings about children can be issued at the Court. This process endeavours to help separating couples reach agreements that are in the best interest of their children. It also encourages separating couples to parent cooperatively. Parenting Plans or agreements are frequently used to assist in this process.

MEDIATION COST COMPARED

Cost of Collaborative practice Mediation compared to Litigation

Because Mediation and the Collaborative process can resolve matters speedily and amicably, the financial and emotional damage normally caused by Litigation can be avoided by you, your family, and your friends.

Mediation and Collaboration can also serve to minimise conflict between you and your partner so that you can make amicable decisions regarding your finances and other personal interests. It will form a basis for your ongoing relationship with each other.

How is Collaborative practice different from traditional Court proceedings?

When one party commences Court proceedings they file an Application with the Court setting out the orders they want the Court to make. Both parties then go through a sequence of Court proceedings and conferences and hearings that can take many months or possibly years before they have a final trial where a Judge makes a decision as to what orders will be made.

Through Collaborative practice, separating couples and their lawyers work together, sometimes with other professionals such as relationship therapists, valuers, accountants, and financial planners, to find out what each party wants and how that can be achieved. The Court is not involved in this process and no documents are filed with the Court whilst the negotiations are ongoing. If an agreement is reached, the parties can elect for it to be drafted as a consent order to be lodged at the Court or to be incorporated in a binding financial agreement.

Don’t be frightened to make enquiries and conduct your own research. It is better to be empowered with legal and other knowledge than to worry about problems that may not exist.

Invitation: You are welcome to arrange an obligation-free 20-minute consultation with one of our qualified Accredited Family Law Specialist lawyers, to discuss your circumstances.

TIME EFFICIENCY OF MEDIATION

The efficiency of Collaborative practice and Mediation

Dispute resolution via Mediation or Collaborative practice in Family Law can be arranged in a timely manner and satisfactory outcomes can often be reached relatively quickly. With either method, negotiations usually take place either over a number of sessions or during one day, depending on the complexity of the dispute or the situation. By using either Mediation or Collaborative practice settlements can usually be reached after 6 to 8 hours of negotiation. The collaborative practice may take longer depending on the complexity of the circumstances and whether other support professionals need to be consulted. We can advise you during the process, whichever option you choose, and if appropriate we can also represent you in any meetings. When you are engaged in an alternative dispute resolution process it is important to remain focused on achieving a resolution, and to accept that compromise may be necessary.

Aylward Game Solicitors, keeping you ahead of the game.

Article Source: Mediation

WHEN MEDIATION WORKS BEST, AND WHEN TO AVOID IT

 Mediation can be a tool for resolving your civil or family law dispute quickly and inexpensively. You might decide to work with a mediator to resolve your dispute without court involvement, or a judge might have ordered you to attend after the case is started. Either way, find out when, and how, mediation works best, and what to watch out for to signal this form of alternative dispute resolution isn’t right for you. Aylward Game Solicitors is a trusted family law mediation in Brisbane and our Brisbane family mediators are highly experienced in all family law issues.

WHEN CAN YOU USE MEDIATION?

Parties and courts use mediation as an alternative to traditional litigation in civil and family law cases. As a form of “alternative dispute resolution”, mediation takes parties out of the courtroom and gives them the space they need to resolve their disagreements with the help of a mediator. Sometimes, it can replace traditional court processes entirely. More often, however, it is used to cut short time-consuming and expensive litigation, avoid trial and save both parties money on family lawyer fees.

Family Law Mediators Brisbane

Mediation can be used at any point along the way in a family law matter. Some co-parents use mediation to set a custody and visitation schedule without going through the formality of the court system. Others have their divorce or custody dispute referred to mediation while the case is pending to avoid having to go to trial. Still, others use mediation to resolve disagreements that arise in how their judgments should be interpreted or carried out, or to decide when changes need to be made to address their children’s needs.

Mediation can be used to address:

• Custody and visitation
• Child support
• Spousal Support
• Property distribution in divorce
• School enrollment
• Disagreements over medical treatments for the children
• Post-judgment modifications to custody and visitation orders

Civil Justice for Victims of Crime

Victims seeking civil justice in the civil court system can also use mediation to avoid civil litigation, reduce costs, and possibly resolve their cases quicker. For victims of crimes, mediation can provide an opportunity to reach non-monetary settlements that otherwise would not be an available outcome at trial. For example, a victim of domestic violence or sexual assault may seek an apology or explanation from their perpetrator. Or a victim could seek a policy or systematic change relating to an institution that contributed to their harm.

When desired mediation outcomes are more than money, it is important that the survivor chose a trauma-informed mediator. The mediator must be able to perform the mediation in a way that recognizes the dynamics of the abuse, respects the healing process of the survivor, and values the non-monetary relief requested by the victim.

THE MEDIATION PROCESS

For most, the idea to meditate comes from one of the parties or their attorney’s suggestion. The parties can agree or even use the mediator to outline which issues will be mediated.

On the day of your mediation, you should expect to be welcomed to the facility, which may be a lawyer’s office, and made comfortable. Sometimes, the parties respective attorneys will also be part of the mediation. The mediator will then explain the process and any limits you or the court have set, and then will help you identify the issues and possible solutions to those issues. You should expect to be given an opportunity to explain how you think the case should be resolved and why, and listen respectfully as the other party does the same. The mediator may meet with everyone at once, or “caucus” with each side individually. Certainly, where restraining orders or issues of violence are present, the mediator must provide appropriate and safe accommodations for the victim. Ultimately, the goal is to work through each of the issues and find a solution that everyone can live with (even if it isn’t what you expected or would have preferred).

WHEN MEDIATION WORKS BEST

Most lawsuits resolve without ever having to go to trial. In many instances, that resolution comes with the help of a mediator. This person is a trained, independent third party, who helps both parties explain their priorities and needs, weigh their choices, and work through their differences. However, some cases are easier to mediate than others. Mediation works best when the parties:

Come Prepared With the Information They Need to Make Key Decisions

It is best to do your homework before coming to the mediation table. In the family law context, this could include:

• Creating a spreadsheet with all your financial accounts and retirement assets,
• Collecting credit card and bank account balances
• Getting pre-approved or investigating your eligibility for a loan or line of credit to buy out one party’s interest in the home,
• Vetting schools or child-care facilities and finding out whether they have a space for your children
• Creating a household expense budget for use in deciding an alimony award
• Identifying therapists or other experts that may help meet case-specific goals

In a civil lawsuit, this preparation often includes identifying the costs associated with the harm done and brainstorming non-monetary solutions that would give you the closure you need. To prepare for civil mediation, you and your attorney should:

• Identify desired results
• Gather supportive and compelling evidence to support your claim of damages in a civil case

Keeping the Focus on Practical Solutions for Recovery

If you are a victim of domestic violence or sexual assault, or a spouse in a messy divorce action, you may have justified and appropriate emotions wrapped up in the resolution of your case. However, these feelings of hurt or blame can sometimes interfere with a successful mediation. When that happens, you may end up facing the defense (such as your ex-spouse, employer et al) more frequently as you and your attorneys work through the litigation process.

It is important to try to set the emotional aspects of your case aside during mediation. Your mediator will be focused on what needs to happen moving forward to bring the case to resolution and what the parties need so they can accomplish those goals and priorities. To make mediation a success, keep your attention on what you need to be made whole, or what will happen after the order is entered. By focusing on the future, you will end up with a settlement that works.

WHEN MEDIATION DOESN’T WORK

Mediation can be great for resolving civil and divorce disputes, but it does not work in every case. Domestic violence, trauma, dominance and control issues, and other power imbalances can turn a tool for conflict resolution into a traumatic experience. That’s why every mediation should start with individual one-on-one domestic violence screening between each party and the mediator. This screening gives you the opportunity to explain what you need to feel safe and supported, and for the mediator to get a sense of whether you will be able to voice your opinions, needs, and wants in the mediation. If you have been the victim of verbal, emotional, or physical abuse, or if you have trouble saying no to your partner, be sure to tell your mediator upfront, so that she or he can respond appropriately to protect you and make sure mediation is right for you.

When Do Things Go Wrong?

Mediation also doesn’t work when the parties are simply too far apart on some issues. If either party has decided to demand his or her “day in court” or takes an all-or-nothing approach, mediation will fail unless that party starts to compromise. Remember that most successful mediations require both parties to give a little on issues that may not be their top priorities. When one party brings ultimatums to the negotiation table, it’s a good chance that mediation won’t work.

Sometimes when mediation doesn’t work it is because the parties are working with someone without the skills and training to help them come to a resolution. The way a mediator facilitates the discussion and handles the needs and emotions of each party can mean the difference between a mediation that works, and a case that is going to trial.

In any event, you are best advised to work alongside an experienced team of legal experts. Our single-line commitment is to providing proven advice and increasing your chance of a positive outcome. We can be reached on 1800 217 217 for more information on your matter.

Source: https://aylwardgame.com.au/when-mediation-works-best-and-when-to-avoid-it/