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The Inclusion of the Child in Mediation Workshop 27-28 September 2011 Print E-mail
pdf WHY LISTEN TO CHILDREN AND INCLUDE THEM IN MEDIATION? 73.77 Kb

Research has shown that we may help children cope more effectively with the divorce experience in listening respectfully to them, being willing to seriously consider and integrate their ideas, and helping them feel more empowered at a time of great upheaval, anxiety, and change.
It is also important to actively seek to facilitate the often unspoken developmental agendas of the children affected by the dispute because children have something important to tell us that may change the decisions we make on their behalf and the way in which we make them (McIntosh et al. 2008:105).
Professionals have largely been unable to obtain data directly from children of divorce in the past so that judges were forced to rely on  adult interpretations of children’s needs and interests.  

When children are included in mediation, specialized skills and resources are needed in order to take the greatest advantage of their participation.
It is important that participation do not enhance their pain or anxiety but maximize the benefits. When done in a sensitive and appropriate manner by a trained professional the inclusion of the child can add meaningful information for obtaining developmentally sensitive child-focused agreements.  

In a doctoral thesis different methods were explored, developed and implemented to obtain the voice of the child in mediation.

CONTENT OF THE COURSE

A two day course (9h00-16h00) will be presented with reference to the Children's Act, Act 38 of 2005 with the focus on some of the following:
  • different age-appropriate methods of obtaining the voice of the child in mediation of divorce matters;
  • determining the temperament, attachments, developmental and other needs of the child;
  • and dysfunctional behaviour in parents or children.

References about the inclusion of the child in mediation:

Kruk (2005:122): “Children’s voices are rarely considered in the proceedings that determine their fate, and as researchers have been largely unable to obtain data directly from children of divorce, judges are forced to rely on adult interpretations of children’s needs and interests, which vary widely.”  

McIntosh et al. (2008:122): "Beyond meeting of the child rights, their inclusion in this form (child inclusive intervention) of divorce mediation was associated with a significant level of repair to the parental relationship and to improved emotional availability of parents to children and produced developmentally sensitive agreements."
 
Sanchez en Kibler-Sanchez (2004:572): “There are healing  possibilities inherent in the mediation process, and to involve the child is to embrace what is meant by the word family and provides the parents and the child with an opportunity to begin the reorganization of their two unique families in new healthier, and happier ways.”  
 
Irving en Benjamin (2002:228): “Many children, despite their immaturity, are acute observers of family life and can provide a great deal of material that will be useful in facilitating the mediation process.”  

Schoffer, 2005:330): “When they are done well, child  interviews can add a poignant voice to the equation and help the parents deal with  the reality of the child.”   

Pruett en Johnston (2004:104): "Children are often wary about talking to a mediator directly, so providing opportunities for projective play is crucial. Drawings, puppet play, sand tray play, and storytelling are all useful media."  
 
WHO WILL BENEFIT FROM THE COURSE?  
  • Social workers, psychologists and registered counsellors who want to obtain the voice of the child in mediation.  
6 CPD POINTS APPROVED FOR SOCIAL WORKERS

Cost: R 1 800.00 per person. Including course material, beverages and lunch.  
Dates: 27 & 28 September 2011
Venue: SOMERSET WEST

For enquiries or to register send an e-mail to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .

Registration closes 19 September 2011

pdf About the Presenter and the importance of Parent Education 2011 32.73 Kb

Dr. Mathilda Smit is a social worker in private practice, Somerset West. During the 19 years of dealing with family matters she became aware that divorce, as an increasing global phenomenon, is destructive for the people involved, if not handled correctly.  

In her doctoral research Mathilda explored, developed and implemented a process of family mediation in accordance with  the Children’s Act. Problems experienced due  to divorce were identified and the goal was to address the best interests of the child by improving the co-parenting relationship, parent-child relationships and the quality of parenting. From this research it became clear that parents should be educated on what they can do to minimize the possible destructive effects of separation and divorce on their children and that the child should be included or heard in mediation in order for child sensitive agreements to be reached.  

"Parenting practices can be taught. Changes in parenting practices account for commensurate changes in children's adjustment outcomes. Improving parenting practices may be the single most common and potent mechanism of change in family-based treatments"
(Diamond & Diamond, 2002:54).
"Divorcing parents are handicapped by ignorance and the pressures of circumstance and thus have a right to the best information we can offer and the opportunity to carefully think through every alternative"
(Wallerstein, 1991a:456).  

In two separate workshops that she conducts countrywide Mathilda addresses parent education and  trains colleagues from the mental health professions in methods and techniques to hear the voice of the child in an age appropiate manner. 

Her professional services include, amongst others, mediation, facilitation, supervision to colleagues, parental guidance to parents to improve their parenting skills and obtaining the voice of the child in mediation.  



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