Legal definition of child

The term "child" is used in a legal context to refer to minors. An interview with a child can only be conducted if they demonstrate discernment, a concept evaluated individually based on the situation.

Child interview process

A trained and experienced interviewer can elicit a child's voice, even with very young children. Some children may choose to remain silent, and their silence is considered a meaningful message, just as speech is.

Rights and environment in child interviews

The child interview ensures the child's right to be heard, allowing them to express themselves freely in a secure and appropriate environment. This process respects the child's age, maturity, abilities, and dignity.

Professional requirements for interviews

The interview of a child requires specific skills and must be conducted by professionals trained in child interview techniques and ethical standards. The use of a trained interviewer is essential for the child's well-being and effective communication.

Child involvement in mediation

In mediation, it is common not to involve children in sessions, sometimes inviting older children starting from adolescence. This is to protect them from conflict and ensure their speech is free from parental or third-party influence.

Importance of child input in mediation

The child's opinion is crucial, as adults cannot accurately interpret what a child thinks without projecting their own biases. Including the child's voice through an interview can be an essential tool for successful mediation and agreements that are more likely to be accepted.

Confidentiality and flexibility in interviews

The interview takes place in strict confidentiality, with the parents or legal guardians having given their consent. If needed, the interviewer may involve a third-party expert or adapt to disabilities. The interviewer relays the child's words without interpretation or psychological analysis.

Role of the interviewer in mediation

If the child does not wish to attend the mediation session, the interviewer can represent them or provide a written report to the mediator. This ensures the child's voice influences the mediation process from a different perspective.

Impact of child's voice in mediation

The child's opinion brings their best interests back to the center of the mediation, compelling adults to consider the situation from the child's viewpoint. This often influences decisions and agreements made afterward.

Child satisfaction with the process

Children who have benefited from these interviews often express satisfaction at having been able to express their feelings, emotions, opinions, and needs with the help of a neutral and supportive person.

Mediation Week 2026 initiative

On the occasion of Mediation Week 2026, Daccord Mediation & Prevention is publishing a daily contribution. These seven contributions explore various topics, from intellectual property to end-of-life accompaniment, highlighting the role of mediation in complex situations.

Focus on mediation's role and recognition

The series aims to clarify the place of mediation, not to solve all issues but to show what it can achieve. Through these experiences and proposals, the association opens a conversation on mediation's practice and recognition.

Upcoming publication

The next publication will be The law on assisted dying: a life mediation by Pierrette Aufière, Mediator.