The Child's Voice: Under all new legislation children, must have input. The usual procedure is that a qualified person meets with the parents first, followed by two sessions with the child(ren) Children have the right to refuse participation. Furthermore, the professional reporting shall only report what the child wants to be known.
What is the difference between closed and open mediation? Most mediators will only mediate when their clients agree to closed mediation. This means everything decided or disagreed on is confidential. Furthermore, the clients agree not to ever subpoena the mediator to court or refer to anything that was said while in mediation.
In open mediation, clients may use whatever was discussed agreed or not in a court action or further mediation. They may also request their mediator to arbitrate the unresolved issues.