The Voice of the Child in Separation/Divorce Mediation and Other Alternative Dispute Resolution Processes: A Literature Review
APPENDIX A: QUESTIONNAIRES
Mental Health Professionals/Collaborative Family Practice
How many years have you practiced family law? Collaborative family law?
Do you think that children and youths (4-18 years) should participate in mediation sessions or any other ADR process related to their parents separation and/or divorce? If not, why not? (Probe: age, gender issues, diversity).
If yes, how do you incorporate the views of the child in collaborative law? (Probe: is there an age criteria that you use?; Do you bring the child into the room, interview privately, use a support person for the youth, or use any other specialist to interview the youth and bring their feedback in? Do you use any special screening techniques/child experts; culture, language, mental health issues, gender considerations)?
Do you have any concerns about incorporating their voice? (Probe: ethics, consent, confidentiality, benefits/limitations?)
Are there any other issues that you would like to address about youths participation in the mediation and/or other ADR processes? (Probe: what do you see as necessary from a practice, research, policy point of view that could assist in having a more uniform approach to the voice of the child?)
Expert Stakeholders/Policy Advisors
Your research/work seems to indicate that …..(Probe: Concerns? Age? Gender? Culture?).
In your research/work do you use any special screening or other mechanisms (Probe: support person) in place to have their voices heard?
Based on your expertise and what you know from hearing children, what steps need to occur for children to have meaningful participation in the process?
Are there any other issues that you would like to address about youths participation in the mediation and/or other ADR processes? (Probe: benefits/limitations; practice, research, policy point of view, what do you believe is necessary that could assist children and youths in having their voices heard in these matters in a more coordinated process?)
Children's Lawyers Who Represent Youths
How do you represent the voice of the child in the separation and/or divorce process? (Probe: best interests, wishes only, guardian-ad-litem).
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At what age is child legal representation usually appointed?
How do you use the information the child provides? (Probe: bring the child in; use of a social worker, special issues of confidentiality, consent?).
Do you find legal representation helpful as a means to having their voices heard in these important matters? (Probe: Pros and cons?, age?, language?, culture?).
Are there any other issues that you would like to address about youths participation in the mediation and/or other ADR processes? (Probe: From a practice point of view, what do you believe is necessary that could assist children and youths in having their voices heard in these matters in a more uniform process?
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