The Divorce Course Podcast

Child Inclusive Mediation: Risks, Realities, and Red Flags


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Listen to this episode if...
  • You've been offered child inclusive mediation and don't know what to expect

  • You're worried about how separation is affecting your child

  • You're in a high-conflict co-parenting situation or dealing with coercive control

  • You've been told that involving your child in mediation will "help"

  • You want to make informed, child-centered decisions in your family law journey

📌 Legal Disclaimer: This episode is for general information only and is not legal advice. Please seek your own legal support for your specific circumstances. This discussion is based in Australia.

In this powerful episode, Mum and I dive into a topic that's being promoted more and more in family law: Child Inclusive Mediation. On the surface, it sounds like a child-focused solution. But is it really in the best interest of your child?

We break down what child inclusive mediation actually involves, why it's not always as neutral or helpful as it's made out to be, and the serious emotional and legal implications it can have especially in high-conflict separations or situations involving coercive control.

From personal reflections to legal insights, we share why we're concerned about this process and what you need to consider before agreeing to include your child in any mediation setting.

What You'll Learn

  • What child inclusive mediation really means in practice

  • The difference between therapeutic support vs. pressure on children to speak up

  • When this process might backfire emotionally or legally

  • Why family reports may be a safer and more protective alternative

  • Red flags and questions to ask before you say yes

⏱️ Episode Timeline: Is Child Inclusive Mediation Helpful or Harmful?

00:00 – Introduction: What Is Child Inclusive Mediation? An overview of this growing mediation trend in family law and why it's controversial.

01:29 – How the Mediation Process Works in Parenting Disputes Understanding how mediation fits into separation and custody discussions.

03:44 – Defining Child Inclusive Mediation in Australian Family Law Breaking down what actually happens when children are included in mediation.

05:52 – The Risks and Red Flags of Child Inclusive Mediation Emotional pressure, manipulation, and when this process may do more harm than good.

08:00 – Confidentiality Issues and the Emotional Toll on Children What children are told, how their information is used, and the psychological impact.

13:42 – The Problem with Over-Interviewing Children in Family Law Why repeated interviews can traumatize kids and undermine the process.

20:00 – Real Concerns About Child Inclusive Mediation in Practice Legal and ethical questions raised by lawyers, parents, and professionals.

21:07 – How Child Inclusive Mediation Affects Older Children Teen-specific concerns, autonomy, and the danger of putting kids in the middle.

23:42 – Family Reports vs. Child Inclusive Mediation A safer alternative? What to expect from a court-ordered family report.

24:41 – DIY Divorce Blueprint: Free Resource Mentioned How to get practical tools to guide you through separation and co-parenting.

28:27 – Key Questions to Ask Before Agreeing to Child Inclusive Mediation What to consider if this process has been suggested to you.

32:49 – Final Thoughts: Protecting Your Child's Voice and Mental Health Wrapping up with a parent-first, child-protective perspective.

Resources

Central Practice Directions

https://www.fcfcoa.gov.au/fl/pd/fam-cpd

Free Disclosure Checklist

https://www.thedivorcecourse.com.au/disclosurechecklist

🚨 Support Services:

  • 1800 RESPECT (Family Violence Support – Australia)

  • Lifeline: 13 11 14 (Crisis Support – Australia)

📌 Legal Disclaimer: This episode is for general information only and is not legal advice. Please seek your own legal support for your specific circumstances.

📲 Don't forget to follow, rate & review the podcast if you found this episode helpful. Share it with someone who might need it too!

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The Divorce Course PodcastBy Laura & Lyn

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