Children in Scotland whose parents are separating are being given greater voice in legal discussions over their future. Child Inclusive Mediation (CIM) is coming into play in some contact and residence cases being negotiated by specialist solicitors across the country.
Jennifer Gallagher, Partner in our Family Law team in Dundee is among the first cohort of legal professionals in Scotland to complete the training required to offer the service.
Child Inclusive Mediation involves a mediator speaking to children whose parents are separating and feeding their views back as part of wider mediation in an attempt to reach agreement on arrangements like contact and the time they might spend with each parent. Its roll-out is part of the steps being taken across Scotland to adopt the United Nations Convention on the Rights of the Child, which aims to give young people greater say on issues affecting their lives.
And its potential to make a difference is being highlighted as part of Family Mediation Week (January 22-29), which encourages separating couples to consider mediation to help them take control, make decisions together and build a positive future.
Jennifer said: “In the right cases, Child Inclusive Mediation can have a really positive impact for young people affected at what can be an uncertain, unsettling and stressful time for the whole family.
“It gives them a real - and acknowledged - voice in the wider mediation process involving their parents. It is an opportunity for them to share their views and wishes with someone independent and specially-trained in a non-intimidating way that can be difficult for them to do with their mum or dad.
“At the end of the day, it’s the lives of the children about whom their parents are mediating and, ultimately, seeking the best for. This carefully-designed process is a really important step forward in ensuring their feelings are taken into account.”
Jennifer is accredited by the Law Society of Scotland as a specialist in Family Law, Child Law and Family Mediation.
She is also a fully trained collaborative lawyer, with more than 25 years’ legal experience, providing advice and representation for divorce settlements, separation agreements, cohabitation cases and disputes involving children, as well as being a past chair of the Family Law Association, the professional organisation for family lawyers in Scotland.
“For many families, mediation is the key to securing separation and contact agreements which work for everyone - often meaning they can avoid a costly court case,” Jennifer added. “Child Inclusive Mediation is the obvious evolution of that.
“This sort of alternative dispute resolution is becoming an increasingly influential way in finding a way forward in which the needs of the child are the utmost priority.”
Lindsays works with organisations including Consensus Scotland and CALM Scotland to offer relationship and mediation advice. For more details go to www.consensus-scotland.com and www.calmscotland.co.uk.
