Parent-child mediation in family law: Feasible in South Australia or just a French affair

Abstract

The inclusion of children in family mediation is a much-discussed topic in Australia. However, the debate tends to centre around indirect modes of participation (normally via a child consultant), with parents remaining the mediating parties. By contrast, in continental Europe, children are increasingly welcomed at the mediation table, and in 2018, France officially included parent-adolescent mediation in its family mediation structure. This paper reports on a pilot study conducted in South Australia that examined views of family mediators and others working in the field on the feasibility of direct parent–child mediation. It uses the French setting to contrast the situation in Australia, so as to better understand participants' responses in context. The outcomes of the study suggest that, even more than attitudinal barriers, structural barriers such as the role of family mediation in divorce processes, funded mediation style, and lack of training opportunities oppose implementation of direct parent–child mediation in family matters in South Australia. Addressing these barriers, together with changing attitudes driven by children's rights discourse, could make Australian mediators more receptive to what might at present be regarded as an unusual overseas practice requiring radical change.