When parents separate, the way they handle any conflict that arises between them can greatly impact their children's well-being. Court actions, by their nature, can be stressful and create tension within the wider family, making it hard for children to feel secure.
Whilst raising a court action may seem like the only option for resolving disputes, alternative dispute resolution methods such as mediation and the collaborative process can offer a more child centred solution. By reducing conflict, fostering co-operation and stability, these alternatives can enable parents to better support their children's mental and emotional health during a difficult transitional period in their life.
For children feeling the effects of a family separation, alternative dispute resolution may help to:
Decrease the child's involvement in parental disputes
- Children exposed to higher parental conflict are generally at a greater risk of experiencing anxiety, depression and emotional distress.
- Mediation and collaborative law encourage parents to work together rather than against one another.
Reduce feelings of uncertainty
- Court actions can be lengthy and unpredictable, which can leave children feeling anxious and insecure.
- Alternative dispute resolution options tend to be quicker and parents are in greater control of the process, which creates more stability.
Improve co-parenting relationships
- Mediation and collaborative law focus on improving communication, cooperation and problem solving as opposed to attributing blame and trying to prove who is right.
- A positive co-parenting relationship fosters more stable and emotionally secure home environments for children.
Reduce the child's feelings of guilt and responsibility
- Court actions can lead to children feeling caught in the middle or pressured to take sides.
- Alternative approaches can prevent children from feeling they are the cause of their parent's conflict.
Keep decision making within the family
- Court decisions are legally binding and may not always be what either of the parents or the children ideally want or need.
- Negotiating and discussing what will work best for their children leaves the decision-making to the parents and is one of the key advantages to mediation and collaborative law.
Choosing alternatives to court can help protect children's mental health by reducing conflict, encouraging positive co-parenting and creating stability. It does of course depend on the level of conflict and the willingness of both parents to cooperate and will not be appropriate in all cases.
If you would like to discuss how our family team can help in reaching an agreement on the contact/residence arrangements for your children, please get in touch with one of our family law experts.
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