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?)
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?
