Nurturing the Voice of the Child: A Guide for Family Law Mediators

Navigating the complexities of family law mediation requires more than legal knowledge; It demands empathy, emotional intelligence, and excellent communication skills. One essential tool in the family mediation process is the Voice of the Child interview, also referred to as the Child Participation interview. This child-inclusive technique helps ensure that the child’s views and needs are considered in a child-centred and respectful manner.

What Is the Voice of the Child Interview?

The Voice of the Child or Child Participation interview is a structured, child-friendly process in which a trained mediator or professional listens to the child’s thoughts, feelings, and preferences in the context of a family dispute. This method empowers the child, enhances their sense of involvement, and provides mediators with insights that are crucial to shaping parenting plans that serve the child’s best interests.

Why It Matters for Mediation

Incorporating the child’s perspective improves the quality of outcomes in the family mediation process by:

• Supporting child-centred decision-making

• Helping parents refocus on their child’s well-being

• Offering clarity in complex custody and parenting disputes

How to Approach Parents About the Interview

1. Establish Trust

Start by building a relationship with the parents that is grounded in mutual respect. Make it clear that the Voice of the Child interview is not a judgment against them but a tool to promote the child’s long-term well-being. Affirm that their role and input remain essential throughout the mediation.

2. Educate with Care

Parents may not be familiar with Child Participation interviews. Use clear, supportive language to explain:

• What the interview involves

• How confidentiality is managed

• How insights from the child are used

This helps to clear up confusion and create openness to the process.

3. Highlight the Child-Centred Nature

Reassure parents that the process is about the child’s voice-not about assigning blame or favouring one parent over another. Frame the interview as a way to hear from the child in a neutral, safe space, which helps all parties reach fairer, more sustainable agreements. A child-centred approach creates trust and encourages cooperation.

4. Respect Their Autonomy

Acknowledge that consent for the interview is ultimately the parents’ decision. Position the mediator not as a persuader, but as an informed, neutral guide who presents the potential benefits for the child’s emotional security and decision-making confidence.

Conclusion: Putting Children First in Mediation

Voice of the Child or Child Participation interviews offer mediators and parents valuable insight into the unique needs of each child. These insights can shape more thoughtful parenting plans, de-escalate conflict, and ensure decisions are made in the best interest of the child.

Approaching parents with compassion, clarity, and respect will increase their willingness to engage with the process. Done right, this child-centred approach builds stronger, more balanced outcomes in the family mediation process that honour the well-being and perspective of the child.

Learn how to conduct effective Child Participation interviews through our accredited family law mediation training at Mediation Academy SA.