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CHILD-FRIENDLY FAMILY MEDIATION
Abstract
Family law disputes which directly or indirectly involve children necessitate thinking of the best way to protect children whose parents are in dispute. Namely, in judicial proceedings parents are often opposing parties and this leads to deepening of conflicts in the relationship and growing apart of the parties involved in family law matters. Such development of the situation usually affects children the most and they are often in the centre of their parents’ conflicts and therefore they become a “weapon” in legal disputes of the people who are primarily supposed to take care of their benefit. Seeking for alternative, trying to obtain win- win position for both parties in a legal matter obtained by their cooperation and agreement lead to broader acceptance and legal regulation of various models of peaceful resolution of family law disputes in the contemporary legal systems. On the other hand, child’s right to be protected and his/her best interest be regarded as the paramount consideration must not diminish the importance of child’s right to participate, to express its views and be heard in extrajudicial proceedings where some of the most important decisions for its future life could be made. Children should be empowered to exercise their rights in these proceedings in accordance with their capacity, given due weight to their age, development and special circumstances of individual child. Therefore, the paper will present crucial benefits that peaceful resolution of family law conflicts can have for children involved. It will also include overview of children’s rights that must be respected in these extrajudicial procedures according to relevant international and domestic legal instruments having in mind the fundamental principles and general elements for accomplishing child friendly practice in family mediation.
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