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

Have a look at our latest website tool:
Parenting Time Calculator

What changes should be made to family law?

These proposals let family law lawyers discuss and vote on what changes they think should be made to the law or court procedures. The results can be viewed and shared with legislators and the Courts. The proposals put forth are written by member lawyers, and do not necessarily reflect the views of this website or its administrators. You can view more proposals or make a proposal yourself.

Proposal: Mediation should be used in child welfare matters Child Welfare - Nov 9, 2023
Agree Disagree Skip 89% in favour out of 19 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 10 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 10 months ago

Sierra Yanush

view Arbitrator profile
Bell and Stock 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 9 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-mediation Mediation in child protection matters is already an option. You just have to ask for it: https://www.alberta.ca/childrens-services-mediation Edit Reset 0 9 months 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 9 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 8 months ago

You must log in or sign up to reply to conversations.

View & Make Proposals