Family justice experts are calling for stronger child participation in both family mediation and the development of policies that govern the process. The discussion follows the release of Shaping the Future of Child-Inclusive Mediation in Canada, a paper by Rachel Birnbaum and Nicholas Bala that highlights the benefits of involving children in decisions that affect their lives.
The paper argues that while children should not make final decisions, they should have meaningful opportunities to share their views during mediation. Research cited by the authors shows that children who are consulted generally experience better outcomes, yet only about one-third of Ontario family mediators currently include children directly in their practice.
Experts Call for National Standards
The discussion paper recommends creating national policies, professional standards, and specialized training to strengthen child-inclusive mediation across Canada. It also proposes establishing an advisory group to support Family Mediation Canada in developing consistent practices.
Legal professionals say these measures could help make child participation a standard part of family mediation rather than an exception.
Children Should Help Shape the Rules
Alongside the paper’s recommendations, experts argue that children and youth should also be involved in designing the very policies and standards that determine how their voices are heard.
They emphasize that participation should go beyond symbolic consultation. Instead of inviting young people to comment after decisions have already been drafted, they should be included from the beginning as active contributors to policy development.
Experiences shared through the Family Justice Innovation Lab and the Transform the Family Justice System Collaborative suggest that many young people feel their involvement has sometimes been limited to token roles rather than meaningful participation.
Lundy Model Offers Practical Framework
Experts point to the Lundy Model of Participation, developed to support Article 12 of the United Nations Convention on the Rights of the Child, as a practical guide for improving child engagement.
The model is built on four principles—space, voice, audience, and influence—ensuring children have safe opportunities to express their views, receive support to communicate, are genuinely listened to, and understand how their input influenced final decisions.
Advocates believe this framework should guide not only family mediation cases but also the development of future policies, standards, and professional training.
Broader Impact on Family Justice
The recommendations extend beyond family mediation and could influence parenting coordination, child protection mediation, foster care planning, and other dispute resolution services involving children.
Supporters say involving children throughout policy development can lead to more effective and child-centred justice systems. As Canada continues to modernize its family justice framework, experts argue that meaningful participation—not just consultation—should become the foundation of future reforms.
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