Provision for such an intervention does not exist in the Family Court jurisdiction in New Zealand and this is an innovative model of child-inclusive mediation. This report helps to build an understanding of how children and their parents experience involvement in such an intervention.
Seventeen families at different stages of parental separation were interviewed following attendance at a mediation process. Children had attended parts of this mediation with their parents. The families were recruited from Family Court referrals under Section 9 of the Family Proceedings Act 1980. The 26 children ranged in age from six to 18 years.
Findings indicated a high level of satisfaction with this process from both children and parents. Parents said they were more aware of the effects of conflict on their children, recognised the child’s need for parental co-operation and were better able to make agreements about co-parenting with their former partner. Children felt that their need to be heard and have appropriate information was being met, and reported a decrease in anxiety about the emotional and practical issues facing them as their family life was rearranged.
Purpose
This research report has been undertaken to examine the efficacy of a model which involves working with children who are actually included with their parents in parts of the mediation process at the time of separation.
Provision for such an intervention does not exist in the Family Court jurisdiction in New Zealand and hence this model of child-inclusive mediation is innovative in its combination of type and, in particular, its timing. The following evaluation of the model facilitates a real understanding of how children and their parents experience involvement in such an intervention.
Methodology
This research was based on the collection of rich, in-depth qualitative data that highlight the lived experience of parents and children. Thematic analysis was used as the tool for interpreting the data collected as it provides a method sensitive enough to report the experiences, meanings and the reality of participants. This methodology is also known to be of use when investigating an under-researched area to be described in a relatively short research report of this nature.
All families involved in this research were interviewed at different stages of the separation process after they had made an application for counselling under the Family Proceedings Act 1980.
The emphasis on the parental sessions was to facilitate parents in recognising their own stages of adaptation to divorce whilst shifting the focus towards strategising for their children’s needs, rather than emphasising blame. The systemic nature of the impact of separation and strategies for resolution were emphasised and sought. During this process they were asked to consider whether they would be prepared to involve their children in a mediated discussion. In order to do this, an information form and consent sheet were provided to both parents and children, fully informing them of the research. Excluded from this model were any parents who were suffering from mental health problems or for whom the primary focus was matrimonial property, as well as situations in which there had been abuse or where there was intractable acrimony.
Once consent was given by parents, and jointly by children and parents, the children were interviewed in an age-appropriate way on their own to give them the opportunity to have a voice in the context of their family situation. The majority of researchers in the field agree that children should be interviewed separately from their parents so that they can be heard directly and be free from perceived or actual parental pressure (Saposnek 1991). The children understood that their parents would be informed of their views, so they were fully aware that the feedback was inherent in the mediation. They were reminded that they could withdraw from the process at any point. At the end of the session, a summary of views and information received was given to the children so that they were clear what was being reported back to their parents. They were then given the opportunity to veto information if they chose (they had had it explained in advance that any information given relating to lack of safety could not be kept confidential).
The views of the children were then reported back to their parents on their own in a further mediation session. This part of the mediation model is conducted exclusive of the child to allow for parental resolution before the child is further included. The child’s perception of parental unity is likely to be enhanced by the parental agreements made (Drapkin and Bienenfield 1985; Emery 2004; Kelly 2000; McIntosh 2000; Pryor and Rodgers 2001). The parents and children then met jointly with the mediator who joined the family in discussion and a subsequent family session was held a fortnight later to discuss the implementation of the plans and to work on outstanding issues.
Evaluation was made a month after the completion of the work by an independent evaluator trained in child interviewing, with open interview questions for parents and children respectively, and with the addition of a picture questionnaire for younger children. Linear questions were asked about the participant’s experience of the mediation and notes taken as a backup to recordings. All participants were reminded that they could cease the evaluation interview and that the recording could be stopped and destroyed at any point.
The data from the transcripts were thematically analysed for identifiable themes and patterns. Once the themes were identified, a return was made to the literature to check the validity of such themes.
Key Results
Findings have indicated a high level of satisfaction with this process from both children and parents. Parents registered a heightened awareness of the effects of conflict on their children, recognition of a child’s need for parental co-operation and an enhanced ability to make agreements about co-parenting with their former partner. Children in the study felt that their strong need for a voice and for information from within the familial context was satisfied by this involvement. They reported a decrease in anxiety about the emotional and practical issues facing them as their family life was rearranged. Parents also commented on how much less anxious their children were.