The Voice of the Child in Separation/Divorce Mediation and Other Alternative Dispute Resolution Processes: A Literature Review

Rachel Birnbaum, Ph.D., RSW

June 2009

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©  Her Majesty the Queen in Right of Canada,
    represented by the Minister of Justice and Attorney General of Canada,
    2009-06-01

TABLE OF CONTENTS

• ACKNOWLEDGEMENTS AND THANKS
• EXECUTIVE SUMMARY
• 1.0 INTRODUCTION
  • 1.1 Objectives
  • 1.2 Methodology
  • 1.3 Structure of the Paper
  • 1.4 Limitations
  • 1.5 Theoretical Framework
• 2.0 REVIEW OF THE LITERATURE REGARDING THE DIFFERENT VIEWS OF CHILDREN'S PARTICIPATION DURING PARENTAL SEPARATION, DIVORCE, CHILD CUSTODY MEDIATION AND OTHER ADR PROCESSES
  • 2.1 Those who say that we should include children and why
  • 2.2 Those who say we should not include children and why
  • 2.3 Summary of when to include and not to include children's participation
• 3.0 WHAT DOES CHILDREN'S PARTICIPATION MEAN?
  • 3.1 The different ways children's voices are being heard during separation and/or divorce
  • 3.2 Summary of the Benefits and Limitations of the Different Levels of Participation For Children
  • 3.3 Existing Child-Inclusive Mediation and Other ADR Delivery Processes
• 4.0 LESSONS LEARNED ABOUT CHILDREN'S PARTICIPATION IN CHILD-INCLUSIVE MEDIATION AND OTHER ADR PROCESSES AROUND THE GLOBE
  • 4.1 Summary of Lessons Learned by Participants
• 5.0 FUTURE DIRECTIONS AND UNANSWERED QUESTIONS
• REFERENCES
• APPENDIX A: QUESTIONNAIRES
• APPENDIX B: LIST OF PARTICIPANTS IN ALPHABETICAL ORDER
• ENDNOTES

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