Neurodiversity and Mediation

Neurodiversity and mediation

Along with the rest of society, the family courts have recently been grappling with how to level the playing field for people who are neurodiverse and how they can be accommodated within the family court justice system.

As the case of W v H [2022] EWFC 150 shows, it is hard to balance the interests of those who experience the world differently with the person who might be experiencing challenging behaviour in a relationship which is ending.

So where does this leave mediation?

Contrary to the widespread belief that mediation mainly deals with the outcomes for straightforward, amicable separations, it often deals with the highly complex and acrimonious (with appropriate safeguards) and we see much of this work at The Mediation Space.

Provided that the usual requirements of full and frank disclosure can be met and there is an ability to compromise and understand other’s needs, particularly where there are children then mediation can in many ways be liberating for participants who may approach and see things differently as a result of their neurodiversity.

There is not an examination of what has happened in the past and judgement on how the current process is being handled. As long as tasks are attended to and the momentum is maintained, then ways of relating and preferences for the practical arrangements can generally be accommodated in a way that may not be available in other parts of the family justice system. Of course, many of the personality traits of both participants are well known to each other, and that can be a difficulty if they fall into an old pattern of relating to each other. However, with an experienced mediator (possibly with a therapist or other professional supporting the process) neurodiversity can certainly be accommodated in the mediation room and maybe a better option for those who do experience the world differently and their partners.