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Overview AI Webinar Summary

Balancing Children’s Role in Custody Mediation

This presentation explores how family law attorneys and mediators can better incorporate children’s perspectives into child custody disputes through a modified child-inclusive mediation model. Drawing on research and current practices, it examines the legal framework governing child participation, outlines the steps of the child-inclusive approach, and offers guidance on when and how children’s input can be effectively and ethically integrated. Participants will gain practical tools for amplifying children’s voices in mediation while safeguarding their well-being.

Topics covered include:

Family Law Law Practice Negotiation, Mediation, & Arbitration

Agenda:

Introductory Overview

Introduce program aims: increasing child-centered approaches in custody mediation
Brief summary of why children’s participation in mediation matters

Current Landscape: How Children Participate in Custody Disputes

Review existing avenues for children’s input (testimony, therapists, evaluations, in camera interviews, child advocates)
Limitations of traditional approaches
Overview of statutes, local rules, and common restrictions
Discussion of how mediation currently fits into the landscape

History and Research on Child Involvement in Mediation

Summary of rates regarding involvement of children in custody mediation
Discussion of how definitions of “involvement” vary among mediators
Discussion of variations among mediators regarding timing and participation of children in mediation
Why renewed attention to this issue is needed

The Child-Inclusive Mediation Model

Step-by-step explanation of the model
Roles of the mediator, specialist, and parents
How child input is gathered and communicated
Benefits compared to traditional mediation approaches

Framework for Integrating Children’s Input Ethically and Effectively

Ideal circumstances for using the model
Child readiness and developmental considerations
Parent readiness and safety concerns
Mediator training, neutrality, and trauma-informed practice
Variations and accommodations when ideal conditions are not met

Questions & Answers (as time permits)

Duration of this webinar: 60 minutes

Originally broadcast: March 4, 2026 10:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction

Stephanie Tang, the speaker, discusses the importance of including children's voices in custody mediation. She emphasizes that children should not physically be at the mediation table, but their perspectives should be considered. Stephanie outlines three primary avenues for child participation in custody cases: direct testimony, in-camera interviews, and third-party involvement. She argues that these avenues often involve children too late in the process, after mediation has failed.

11:31 Legal Trends

Stephanie discusses the historical exclusion of children from custody mediation, based on assumptions about their decision-making capabilities. Recent research suggests that excluding children can lead to feelings of loss and frustration, contradicting traditional beliefs. There is a movement towards including children's voices in custody proceedings, challenging the norm of late involvement. Stephanie highlights the lack of statutory guidance in many states regarding children's involvement in mediation. She provides examples from states like Oregon, California, and Iowa, showing varying levels of guidance and involvement.

21:05 Child-Inclusive Mediation Model

Stephanie addresses the resistance to involving children in mediation due to concerns about qualifications, time, and cost. She introduces the child-inclusive mediation model by Dr. Jennifer McIntosh, which involves a trained child consultant. This model has been shown to result in more durable agreements and less litigation post-mediation. Stephanie outlines the steps of the child-inclusive mediation process, emphasizing the importance of children's voices.

37:16 Adjusting the Model

Stephanie proposes a model where the mediator also acts as the child consultant, as practiced in the UK. This approach avoids dilution of the child's voice and requires mediators to have specific qualifications. Children should be treated individually, considering their maturity and mental capacity to provide input. Alternatives include child-focused mediation and consulting with a child's therapist.

42:37 Challenges and Considerations

Stephanie discusses the timing of involving children in custody proceedings, advocating for earlier involvement. The suitability of families for child-inclusive mediation depends on factors like parental agreement and history of violence. Stephanie highlights the need for adjudicating legal parentage before mediation begins. She introduces the SAFeR approach for assessing the impact of domestic violence on mediation suitability.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Speaker

Stephanie Tang Associate Professor of Law
Baylor Law School

Professor Stephanie L. Tang is an Associate Professor of Law at Baylor Law School. Professor Tang teaches Family Law, Advanced Family Law, Children and the Law, and LARC 3: Persuasive Communication. Professor Tang is also the Director of the Baylor Law Family Law Clinic. Read More ›

Continuing Legal Education (CLE) Credits

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Alaska CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: March 3, 2031

California CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: June 30, 2026

Hawaii CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: March 3, 2028

Illinois CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: March 3, 2028

New Jersey CLE

Status: Approved

Credits: 1.20 General

Earn Credit Until: March 3, 2027

North Carolina CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: February 28, 2027

Ohio CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: December 31, 2026

Pennsylvania CLE

Status: Approved

Credits: 1.00 Substantive Law, Practice, and Procedure

Earn Credit Until: March 3, 2028

Texas CLE

Status: Pending

Credits: TBD

Earn Credit Until: TBD

Vermont CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: March 4, 2031

This presentation is approved for one hour of General CLE credit in Alaska, one hour of General CLE credit in California, one hour of General CLE credit in Hawaii, one hour of General CLE credit in Illinois, one hour of General CLE credit in North Carolina, one hour of General CLE credit in Ohio, one hour of Substantive Law, Practice, and Procedure CLE credit in Pennsylvania, and one hour of General CLE credit in Vermont. This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit. An application for accreditation of this activity has been submitted to the MCLE Committee of the State Bar of Texas and is pending.

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