At the end of last year, the European Commission for the Efficiency of Justice (CEPEJ) of the Council of Europe published a new Guide on the Participation of Children in Family Mediation, to increase awareness and understanding of the objectives and process of Child Inclusive Mediation, also referred to as “CIM”, among Member States and relevant stakeholders. This Guide represents an important step forward in strengthening children’s rights and promoting child-centred approaches within family justice systems across Council of Europe Member States.
CEPEJ describes CIM as a form of family mediation where a child is given the opportunity to meet with a CIM-trained mediator and express his/her views, feelings and concerns about the situation they find themselves in. Importantly, in CIM, children are not being asked to make decisions, they are simply being heard for the purpose of identifying their needs while decisions in their best interests remain with their parents. While the Commission points out that a child younger than 5 years old could be considered too young for participating in CIM, it refers to a large-scale study which found that children as young as 5 were able to express views through maps and pictures.
The Guide also emphasises that child-inclusive mediation should not be treated as a one-off intervention, but as a carefully planned and structured process. It starts with the mediator explaining the purpose and benefits of CIM to the parents and obtaining their informed consent, while encouraging them to support the process in good faith and to avoid influencing or questioning the child about the content of the discussions.
The mediator then works with the parents to identify the most appropriate timing and format for the child’s participation, taking into account age, maturity and family dynamics. Once this is agreed, the child receives a personal invitation from the mediator, clearly outlining the purpose of the meeting and stressing that participation is entirely voluntary.
If the child accepts, a confidential meeting is held in a safe and supportive environment, where the child can freely express their views, feelings and concerns. Only the information that the child chooses to share is communicated to the parents, either in joint or separate sessions. The process may also include follow-up meetings, subject to renewed parental consent, to ensure continuity and support sustainable outcomes.
Importantly, the Commission gives special attention to CIM in cross-border mediation in child abduction cases, referring to the Council of Europe’s Recommendation Rec(98)1 of the Committee of Ministers to member States on family mediation and stressing the rising number of cross-border family disputes. In this context, the Guide underlines that mediation can play a crucial complementary role to judicial proceedings by facilitating dialogue, reducing conflict and promoting sustainable, child-centred outcomes. This approach is also consistent with the policy direction of the European Commission, which has recognised that mediated agreements are more likely to be voluntarily complied with and to preserve cooperative parental relationships, particularly in disputes involving different legal and cultural systems.
Furthermore, in the framework of the Hague Conference on Private International Law and the 1980 Hague Convention on the Civil Aspects of International Child Abduction, the child’s right to be heard is an essential safeguard. Courts may take into account the child’s objections to return when the child has reached an appropriate age and maturity, and when there are concerns about potential physical or psychological harm. In such complex and emotionally charged situations, child-inclusive mediation offers a structured and sensitive way of ensuring that children’s voices are heard without placing on them the burden of decision-making.
These developments are closely reflected in the objectives of the iCare2 project, which is working towards advancing child-inclusive approaches to international family mediation, with a particular focus on cross-border disputes involving children. Building on the methodology developed under the first iCare project, iCare2 strengthens professional capacity across Europe by promoting mediation practices that ensure children’s views are heard in a safe, voluntary and age-appropriate manner, while fully respecting their best interests.
Despite this growing policy and practice framework, CEPEJ notes that child-inclusive mediation is still rarely used in many European countries. With the exception of Norway, the United Kingdom and some regions in Italy, children are seldom involved directly in family mediation processes. This is often due to persistent misconceptions among both parents and mediators, who may fear that participation could expose children to additional stress or anxiety. The Commission therefore highlights the need for further awareness-raising, training and capacity-building across Council of Europe Member States, in order to promote a better understanding of CIM and to ensure that children’s participation is implemented in a safe, ethical and child-sensitive manner. Strengthening these approaches is essential for advancing children’s rights, improving the quality of mediation outcomes and fostering more sustainable and cooperative family relationships, particularly in increasingly complex cross-border contexts.
To support the practical implementation of these principles, the iCare2 project will soon host a series of webinars and a national capacity-building event in Italy, Poland, Bulgaria and France, focused on cross-border family mediation in the best interests of the child. These sessions will provide essential guidance on the Brussels II Regulation, and highlight the most important considerations for judges, mediators, lawyers, social services, child protection hotlines, and parents. By bringing together leading experts in child-inclusive mediation, international family law, and child protection, these activities aim to strengthen knowledge, foster cooperation, and ensure that children’s voices are meaningfully integrated into family justice processes across Europe.