U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Value of Children in Mediation: A Cross-Cultural Perspective

NCJ Number
130642
Journal
Mediation Quarterly Volume: 8 Issue: 4 Dated: (Summer 1991) Pages: 325-342
Author(s)
D T Saposnek
Date Published
1991
Length
18 pages
Annotation
Professional, personal, and contextual variables contribute to the decision whether and to what degree to include children in divorce mediation procedures involving child custody or visitation rights.
Abstract
Many experts in mediation strongly advocate the inclusion of children except when parents agree on the child's needs and a suitable parenting plan or when children are under the age of four. Much of the research suggests that participation in family mediation is beneficial to most children. The children's involvement could include interviews with the mediator, consultation by parents or mediator, periodic discussions, or full participation. There are several unique ways in which different cultures express caring and concern for children; the author touches upon cultural values in Israel, Germany, and Sweden. The place of children in a particular culture can be determined through an assessment of the empowerment of children, children and family laws, and the cultural relativity of children's needs and rights. Sometimes there are conflicts between sociocultural realities and legal rhetoric; the author discusses such conflicts in Australia, England, and the United States. Economic variables can also modify societal views toward children. 24 references (Author abstract modified)