Empowering Children in Mediation

The available research in the mediation arena regarding child custody disputes indicates a lack of and growing need for effective intervention techniques. The authors present practicing mediators with a specific intervention model for interviewing, safeguarding, and empowering children in the process of mediating custody disputes. The mediation model utilizes a structured, strategic, and process‐oriented approach with a family systems theoretical orientation and may be used in private or court‐connected settings. The model presented here goes beyond the child‐centered interview norm to the inclusion of the child in the process to assist parents in decision making. The model supports the current California statute under Family Code Section 3023, which states that “if a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody, the court shall consider and give due weight to the wishes of the child in making an award of custody or modification.” The model does, however, maintain the position that the final decision continues to lie with the parents or the courts and not the child.