Children's interest : exploring how the mediation service in Malta addresses the children's welfare during separation process

Abstract

This research study aims to explore whether children whose parents are going through the separation process at the Maltese Family Court are given the opportunity to be heard. The study also focuses on the professionals' opinion of whether they agree or not in having a child-inclusive mediation service. The professionals interviewed in the study included six family mediators, four family lawyers and two child advocates. The research took a qualitative approach. The semi-structured interview aimed lo 3ather rich and validated information from the skilled and knowledgeable professionals who practice in the Family Court. Thematic analysis of data was employed and all data was coded and gathered into main themes. Overall, findings suggest that at present the mediation service is not giving children enough chance to voice their opinion and concerns about their future. The majority of the professionals interviewed have mixed feelings of whether the mediation service should include the participation of the children. Family mediators do not feel comfortable to speak with children mostly because of the lack of specific training and professional supervision at the Family Court. An important aspect pointed out by all professionals interviewed was that they all feel the lack of liaising and communication between them although they know that liaising is vital as it provides valid information on which suggestions are made to the judges. In addition, the service's structure has various shortages which do not make it accessible to welcome the children.