Balancing Children’s Role in Custody Mediation

Justia

by Justia CLE & Webinars Team

January 30, 2026

AI-Generated Deep Dive Summary

This article highlights the growing emphasis on integrating children’s perspectives into custody mediation through a modified child-inclusive approach. The program explores how family law attorneys and mediators can ethically incorporate children’s voices while safeguarding their well-being, offering practical tools and insights for effective communication of their input. Drawing on research and current practices, it addresses the legal framework governing child participation, critiques traditional approaches, and outlines a structured model for meaningful integration. The program reviews existing methods of child involvement in custody disputes, such as testimony, therapy reports, or in-camera interviews, while noting their limitations. It then introduces the child-inclusive mediation model, which provides a step-by-step framework for gathering and communicating children’s input. This approach emphasizes the importance of timing, readiness, and developmental considerations, ensuring that children’s voices are amplified without causing harm or discomfort. Key factors influencing successful implementation include the child’s developmental stage, parent readiness, and mediator training in trauma-informed practices. The program also addresses how to adapt the model when ideal conditions are not met, ensuring flexibility while maintaining ethical standards. By focusing on these elements, the program aims to foster more child-centered and effective custody mediation processes. This renewed attention to children’s roles in mediation matters because it prioritizes their well-being and long-term outcomes, often overlooked in traditional processes. By amplifying their voices, professionals can better address their needs and perspectives, leading to more equitable solutions for families. The program provides valuable insights for legal practitioners seeking to enhance their approaches in high-conflict custody cases. Led by Associate Professor Stephanie Tang of Baylor Law School, the program offers a comprehensive exploration of child-inclusive practices, supported by research and real-world applications. For legal professionals interested in improving mediation outcomes, this webinar promises actionable strategies and tools for ethical integration of children’s input.

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Originally published on Justia on 1/30/2026