Summary of the Argentina Children in Mediation Report on “Exploration and Analysis of the Outcomes of Child and Adolescent Participation in Voluntary Mediations Undertaken by the Mediation Department of the Office of Public Defenders in Bahía Blanca, Part of the Public Ministry of the Province of Buenos Aires (Local Judicial Authority) in Argentina”
National and international regulations and current doctrine recognize the right of children and adolescents (hereinafter referred to as C&A) to be heard in all processes that concern them. However, in practice, experience in this area is limited.
This research aims to demonstrate that mediation offers a space where C&As can express themselves and feel heard within a framework of respect and trust, strengthening bonds and creating the right conditions for this right to be realized. It is an autonomous process of conflict resolution in which, with the intervention of a mediator, participants construct agreements that respond to their needs, concerns, and desires.
When we talk about family conflicts, C&A are the ones most affected by the decisions made by responsible adults (their parents, grandparents, or other legal representatives). Their right to be heard in all matters affecting their lives not only contributes to strengthening their progressive autonomy in the family and social sphere, but also reinforces the effectiveness of agreements and promotes their compliance.
Objectives
– General Objectives:
– To promote the direct participation of children and adolescents in mediation processes where their parents discuss issues that concern them.
– To identify the effects that this participation of children and adolescents has on the process in general.
– Specific Objectives:
– To create conditions for this participation to be safe and secure.
– To observe the reactions of children and adolescents after receiving the invitation to participate directly in the process, and its consequences.
– To explore the effectiveness of participation in the agreements reached.
– To establish the possible relationship between participation and the sustainability of agreements.
Rationale
The participation of C&A in mediation makes them visible as subjects of rights, not simply as objects of protection due to vulnerability or dependence.
It is the ethical responsibility of the mediator to promote consideration of the interests of all those affected by the family conflict, especially the most vulnerable, in a direct and transparent manner.
Hypothesis
The participation of children will give parents a different perspective on the family conflict and allow them to reflect on their decisions and their effects.
Better agreements will be reached in terms of satisfaction, feasibility, and duration.
Participation of children and adolescents in mediation
Some adults believe their children are not competent to participate, or that the right to be heard could harm them. However, evidence shows that children are often more aware of family problems than parents believe. Uncertainty and lack of information can cause greater stress.
For this reason, a “special intervention” was designed to allow the interests of C&A to be considered separately from those of their parents.
Methodological Framework
This was a qualitative study. Data were collected through observable words and behaviors.
Results Summary
Across all stages, a high percentage of proposals made by children and adolescents were accepted by adults. Agreements showed high levels of compliance, both total and partial.
Adults reported improved communication and stronger relationships. Children reported feeling heard, supported, and more able to express themselves.
Conclusions
The response of adults to child participation was very positive. Participation contributed to better understanding, improved communication, and more sustainable agreements. The findings support the hypothesis that including children and adolescents in mediation leads to more effective outcomes and strengthens family relationships.
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