Proposal: Mediation should be used in child welfare matters - FamilyCounsel.ca - resources and tools for Family Law Lawyers

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Proposal: Mediation should be used in child welfare matters Child Welfare - Nov 9, 2023
Agree Disagree Skip 87% in favour out of 23 votes

Cynthia A. Murphy

C.A. Murphylaw
Edmonton, Alberta

While practicing in BC, I hardly ever ran a trial in a child welfare matter. Instead, liberal use of mediation was used. The mediators were not lawyers but they had the mediation course as well as a specialized course in mediating child protection matters. The mediations include all parties, lawyers, social workers community support individuals, extended families, foster parents (sometimes) and elders. They could easily involve 8 to 12 participants or more. Almost all matters came to some resolution from these. Sometimes there would be more than one mediation during the course of the matter. Avoiding trial means the parents are not sitting in a courtroom hearing terrible things said about them which they find personally devastating. It frees up court and trial time for other matters.

2 22 months ago

Anonymous 2019

Other Region, Alberta

Yes! I'm continuing days 6-10 of a 10 day child welfare trial on a private retainer. Client's legal fees will be six figures by the time it's over. So much cost, fear, strive could be avoided if mediation were used.

0 22 months ago

Sierra Yanush

view Arbitrator profile
BDL Family Law LLP
Calgary, Alberta

I am currently taking the 40 Hour AFMS Child Protection Mediation Course. My intention isn't to provide child protection mediation, but I am looking to expand my skillset with respect to addressing trauma, family violence, and practical safety strategies for families.

The first two modules focus on the benefits child protection mediation has had in the Courts and for families - seems really positive.

0 22 months ago

Anonymous 2018

Edmonton Region, Alberta

Mediation in child protection matters is already an option. You just have to ask for it:

https://www.alberta.ca/childrens-services-mediatio...

0 21 months ago

	Cynthia A. Murphy C.A. Murphylaw Edmonton, Alberta The clients complain it is not independent mediators but rather, people who work for child welfare. It`s not the same. The clients complain it is not independent mediators but rather, people who work for child welfare. It`s not the same. Edit Reset 0 29 days ago

Cynthia A. Murphy

C.A. Murphylaw
Edmonton, Alberta

The mediation offered in AB is rarely used because it involves only the Director and parent. Parents relate they feel bullied and overpowered in them. The ones in BC involve everyone, including community resource individuals, support people and elders, if appropriate. The parents feel supported in that environment whereas in AB they feel not supported and bullied.

0 21 months ago

Dawn Nelson

Dawn L. Nelson, Barrister & Solicitor
Edmonton, Alberta

Mediation is acceptable when parties are of equal bargaining power, which is not the case in child welfare matters. However, there was a move toward "early resolution" that was more of an out-of-court process with lawyers involved for the parents. The Legal Aid staff office had a specialized team with their lawyers and Justice Navigators. I do not know if that is still a thing, but it could certainly be emulated and expanded upon by the private bar.

0 20 months ago

Sharon J. Crooks K.C
view Arbitrator profile
Trauma Informed Conflict Solutions Inc.
Red Deer, Alberta

In my experience with Child Welfare as children's counsel the mediation you are talking about in BC is similar to Alberta's family case conferences absent the mediator. These are generally managed by the case worker, but they would be much more effective with a trained mediator, who understands power imbalances and can navigate them. One other aspect of mediations or family conferences with larger groups of participants that is often missed is that the person running the meeting, case worker or mediator, needs to have group facilitation training to be effective. In my ideal world the mediator, facilitator, or case worker would also be trauma aware and trained in trauma informed practices.

0 30 days ago - edited 30 days ago

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