Welfare of Children

At all times mediators must have special regard to the welfare of any children of the family. They should encourage participants to focus on the needs and interests of the children as well as on their own.

Mediators must encourage participants to consider the children's wishes and feelings. If appropriate they may discuss with them whether and to what extent it is proper to consult the children directly in order to ascertain their wishes and feelings.

Where the mediator and both participants agree that it is appropriate to consult any children directly, the consent of the children must first be obtained. The mediator consulting directly with any children must have been specifically trained to do so and have received specific enhanced clearance from the Criminal Records Bureau. The mediator must provide appropriate facilities for direct consultation.

Where a qualified mediator undertakes direct consultation with any child, he or she must offer that child confidentiality as to any disclosure that that child may make to the mediator. This must be explained to the participants before they agree to the direct consultation. Confidentiality in direct consultation with children must always be exercised.

Where it appears to the mediator that any child is suffering or likely to suffer significant harm, the mediator must advise the participants to seek help from the appropriate agency. The mediator must also advise the participants that, in any event, he or she is obliged to report the matter to the appropriate.

Where a mediator considers that the participants are or are proposing to act in a manner likely to be seriously detrimental to the welfare of any child of the family or family member, the mediator may withdraw from the mediation. The reason for doing this must be outlined in any further communication.

Christine Parker

mediator

Welfare of Children

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