The inclusion of children in divorce mediation: A continental ‘non‐directive’ approach

• Published date: 01 June 2024
• Author: Robin Brzobohatý
• Date: 01 June 2024
• DOI: http://doi.org/10.1002/crq.21423

RESEARCH ARTICLE

The inclusion of children in divorce mediation:

A continental ‘non-directive’approach

Robin Brzobohatý

1,2,3

1

Silesian University in Opava, Faculty of Public Policies, Opava, Czech Republic

2

Mediation and Education Centre, Brno, Czech Republic

3

Institute for the Study of Conflict Transformation, Ohio, USA

Correspondence

Robin Brzobohatý, Faculty of Public

Policies, Silesian University in Opava,

Bezruˇ

covo n

amˇ

estí 885/14, Opava

746 01, Czech Republic.

Email: robin.brzobohaty@gmail.com

Abstract

This article undertakes an interdisciplinary examina-

tion of child-inclusive mediation (CIM) in divorce and

separation mediation, particularly its implementation

in the Czech Republic through the Mediation and Edu-

cation Centre in Brno (MEDUC). It aims to offer a com-

parative analysis of MEDUC's unique non-directive

mediation model, which involves children's active par-

ticipation in mediation processes, in contrast to the

original Australian model of Child-Inclusive Mediation

and Counseling (CIMC). This paper uses a structured

theoretical methodology combining comparative and

conceptual analysis. Specifically, the comparative

approach contrasts Australian and Czech practices and

reveals key differences and similarities in legal frame-

works, philosophical theories, and the roles of media-

tors and child specialists. Meanwhile, the conceptual

analysis draws on an extensive literature review to

explore the theoretical underpinnings of Australian and

Czech family mediation approaches. The study iden-

tifies considerable flexibility in adapting CIP models in

different legal and cultural settings. Although

Australian practices heavily influence MEDUC, it has

adapted these principles to fit its legal and cultural con-

text. The article highlights the potential of combining

human rights and therapeutic approaches, augmented

Received: 6 September 2023 Revised: 7 January 2024 Accepted: 14 January 2024

DOI: 10.1002/crq.21423

Conflict Resolution Quarterly. 2024;41:525–550. wileyonlinelibrary.com/journal/crq © 2024 Wiley Periodicals LLC. 525

by developmental psychology and international child

rights standards, to create a more nuanced and child-

sensitive mediation practice. The article highlights the

value of a multidisciplinary, adaptive approach to prac-

tice involving children in family mediation. It suggests

that integrating psychological and legal-philosophical

theories can lead to a robust model that can be adapted

to different cultural and legal settings. It advocates for

future research to empirically evaluate the effectiveness

and sustainability of these adapted models and explore

how cultural perceptions of childhood and family roles

may influence the success of CIP.

1|INTRODUCTION

This article presents a comparative and conceptual analysis of involving children in mediation

in Central Europe, specifically in the Czech Republic. The text analyzes particular practice and

uses a structured theoretical methodology to explain the adaptation of mediation practices

involving children.

In the first part of the article, I aim to introduce the Mediation and Education Centre

(MEDUC) in Brno, laying the foundation for understanding its dual approach of transformative

and child-inclusive mediation. The text seeks to elucidate how MEDUC's unique mediation

model facilitates better decision-making by involving all family members, especially the chil-

dren, in the resolution process. First of all I will introduce MEDUC's specialized approach to

Child-Inclusive Practice (CIP) in mediation, a methodology deeply rooted in international child

rights norms and evidence-based psychology. This discussion aims to highlight how MEDUC

aligns with recent shifts in family law—most notably in Australia and Norway—that advocate

for the active involvement of children in mediation processes. By incorporating elements from

the Australian CIP/CIMC model, MEDUC aims to blend human rights with therapeutic consid-

erations. The ultimate objective of this approach is to enhance the quality and longevity of

mediation outcomes while also honoring children's participatory rights. Special attention is

given to the age threshold for children's involvement, set at least six years, following develop-

mental psychology and legal standards. Then I will outline the systematic, five-phase process

MEDUC uses to integrate children into mediation settings. The objective is to provide a com-

prehensive framework that prioritizes not just the parents' needs but also those of the children

involved. By detailing each phase—from initial parent interviews to specialized child specialist

consultations and finally to the concluding mediation session—the text aims to demonstrate

the depth of consideration and specialized intervention to ensure a child-sensitive, inclusive,

and effective mediation process.

In the next part, I will further explain the transformative mediation model employed by

MEDUC, which fundamentally trusts the capacity of mediation participants to make autono-

mous decisions. Unlike other mediation styles that may impose normative frameworks or

expert-led directives, transformative mediation emphasizes a bottom-up approach that allows

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