Mediation
in Child Protection Cases
(Child, Family and Community Service Act)
Child Protection Mediation Program
Background
A number of jurisdictions in North America are using mediation for child
welfare issues. Reflecting this approach, the Ministry of Children and
Family Development Child and Family Development Division (MCFD) and the
Ministry of Attorney General Dispute Resolution Office (DRO) established
the Child Protection Mediation Program in October 1997.
The DRO and MCFD administer the program and the DRO contracts for mediation services with private sector mediators.
The Child Protection Mediation Program is built on Section 22 of the Child, Family and Community Service Act (CFCSA) and so is often referred to as "section 22 mediation". Section 22 reads:
If a director and any person are unable to resolve an issue relating to the child or a
plan of care, the director and the person may agree to mediation or other alternative
dispute resolution mechanisms as a means of resolving the issue.
The Roster
Under section 9 of the CFCSA Regulation, (B.C. Reg. 527/95) a roster of
mediators has been established. The Roster includes a current list of
mediator names and the regions they serve. If there is no mediator in
a specific region, other mediators will travel to provide service.
How the program
can be used
Parents and the director can choose to use mediation when there is a disagreement
regarding the care of a child. It can be used to resolve a number of issues,
including:
- what services the family will receive and participate in as part of the plan of care;
- the length of time the child will be in the director’s care;
- the amount and form of access the parent or others have with the child;
- the specific terms of a supervision or access order; or
- other matters relating to the care or welfare of a child.
Court Proceedings
and Mediation
Mediation is an option that may be tried any time when MCFD is involved
with a family under the CFCSA, even before a child is removed or after
a hearing. A judge may suggest parties try mediation or any of the parties
can request an adjournment to the court proceedings so mediation can occur.
Section 23 of the CFCSA provides that if the proceedings are adjourned
for mediation, any time limit applicable to the proceeding is suspended.
Who can ask
for mediation
Any of the parties can ask the other parties to participate in mediation.
The suggestion can come from counsel, from a child protection team worker,
from the child’s parents or members of the child’s extended
family. The child can also request the appointment of a mediator. However,
all parties must agree to participate in order for the mediation to proceed.
Even a judge considering a matter under the CFCSA may suggest the parties
try mediation.
How to set up
a mediation session
Once the parties agree to try mediation, they must select a mediator from
the Child Protection Mediation Roster. If there is more than one mediator
designated for a region, then the parties must agree on whom to select.
Neither the CFCSA nor the Regulations set out a formal process for selecting
a mediator. The parties can decide among themselves how they will do it.
Any of the parties can review the list and suggest a mediator to the other
party. Once the parties have agreed on a mediator, they simply contact
that person to mediate the process.
If there is no mediator designated for a region, the parties should agree on another mediator, nearby if possible, and contact that person by phone. The parties can contact any mediator to ask questions about his or her background or qualifications if this would help in the selection process.
Once selected, the mediator will provide advice and information to all parties about the process and will schedule and arrange for a location for the session.
The Mediator Roster is available at: http://www.mediator-roster.bc.ca/select_cp.cfm
Each mediator on the roster has at least 80 hours of mediation skills training, has 100 hours of other training in a related field, has mediated at least 10 mediations as a sole mediator or in a mediaton practicum; subscribes to the Standards of Conduct of the BC Mediator Roster Society, and has successfully completed a selection process including a written exercise, an interview, reference checks, and an orientation.
More Information
Please note that the mediation is offered without charge to the parties.
If you would like to receive copies of the Child Protection Mediation
brochure or want more information about the program please contact:
Andrea Clarke, Senior Policy Analyst
Dispute Resolution Office
Ministry of Attorney General
PO Box 9222 Stn Prov Govt
Victoria, BC V8W 9J1
Phone: (250) 387-1480
Email: AG.DRO.Victoria@gov.bc.ca
More information, and also a link to the brochure, is available on the Child Protection Mediation web site.