Are we losing the child's voice in mandatory mediation models?

Abstract

The Convention on the Rights of the Child (CRC) and General Comment No. 12 emphasize the importance of children's participation in legal proceedings, including family mediation processes. Mandatory family mediation models across Europe lack consistency in how children's voices are integrated, which undermines their rights to be heard in disputes affecting their lives. There is a growing trend toward mandatory family mediation, but current legal frameworks often fail to guarantee children's involvement, leaving their perspectives unrepresented in key decisions. Child‐focused and child‐inclusive mediation models present different approaches for integrating children into family mediation, with the latter providing a more direct role for children in expressing their views. However, none of these model seems to be integrated in the legislation on mandatory mediation, thus exposing children's right protection throughout the procedure. The article suggests that European Union Member States should adopt uniform guidelines and training for mediators to ensure that children's rights to participate are respected in mandatory family mediation processes.