Catálogo de publicaciones - libros

What is the best interests of the child in family mediation and is mediation in the best interests of the child? In this article, I use child law and the United Nations Convention on the Rights of the Child combined with mediation theory to discuss these questions. Both mediation and the best interests of the child are open for multiple interpretations. Using facilitative and evaluative mediation theory and the legal concept ‘the best interests of the child’, I explore and compare the understandings of these concepts as they apply to family mediation. This includes a discussion of the advantages and disadvantages of facilitative as well as evaluative mediation orientations in terms of protecting the best interests of the child. Finnish court-connected family mediation is a combination of both mediation orientations, and the mediator is obliged to secure the best interests of the child. From a theoretical point of view, this seems to be a challenging combination.

In this article, I argue that it is useful to make a distinction between theoretical models of mediation, practical systems of mediation in context, and mediation in action. Using this distinction makes it possible to examine the relationship of the model of mediation, the context in which mediation is practiced and mediator behaviour, and to analyse the field of mediation and obtain a better understanding of mediation, as such, as a result. First, I offer a brief historical overview of how mediation has developed in the Nordic countries on a theoretical, institutional and practical level. Then, I unfold and examine which theoretical models are at play, what the different areas of practice are and how mediators interpret and implement theoretical models in their practice. One main problem is that mediators in their everyday work sometimes act in a different way than they think themselves or what theory of mediation postulates. In conclusion, I point to the need for further empirical and theoretical studies, as well as the development of mediation training in Nordic countries.

In his article, I describe the basis, progress and models of mediation in Finnish schools. Mediation has been offered as an alternative and restorative conflict management practice for intervention of misbehaviour and bullying since 2001. I present participation and learning approaches along with relevant literature as this constitutes the basis for the development and implementation of school mediation programmes. In the article, I also discuss how misbehaviour and bullying can be prevented by improving social skills and pupil participation in school with a restorative approach and mediation. In the last part of the article, I describe mediation practices in Finnish schools and present the latest statistics on school mediation training, the use of school mediation and surveys on user satisfaction. In conclusion, I discuss the impact of mediation and restorative practices. The article is connected to the discourse in the field of education about increasing pupil participation and strengthening children’s rights by implementing child-friendly methods to conflict management in schools.