Mediation in child protection cases
What is mediation?
Mediation is a process in which someone with special training (a mediator) helps people solve problems. The mediator works to help both sides listen to and understand each other and then together come up with a solution that feels fair. Mediators are not judges and they are not supposed to take sides. They won't tell you what to do.
Under Section 22 of the child protection law (the Child, Family and Community Service Act [CFCSA]), parents, children, and child protection child protection workers or anyone directly involved in a child protection case can ask for or suggest mediation to help solve various problems. Both sides have to agree to try mediation for it to go ahead.
When can mediation help?
Mediation can help in child protection cases if family members and child protection workers disagree on the best way to meet a child's needs. Mediation can help you deal with issues such as:
- What do the parents want to have happen?
- What does the child protection worker want to have happen?
- What are the parents expected to do (or not do) to get their child back?
- What services can be provided to both the parents and the child?
- What will go into the mediation agreement?
- How long will the child stay in care?
- Where might the child live temporarily?
How can I get started?
Mediators approved by the government to do this kind of mediation must have passed certain training, tests, and reference checks, and they must know the law about child protection (CFCSA). They are then put on a list that is available on the MediateBC website. You can look at this list to see which mediators are available in your area.
Together, the parties (you and the other side[s]) choose a mediator and set up an appointment. In this type of mediation, the process often begins with an orientation session, which is a private meeting between you and the mediator. This is a good time to ask the mediator any questions you might have. The child protection worker will have his or her own orientation session with the mediator.
Note: Everything you tell the mediator in your sessions can be shared with the other side unless you specifically ask the mediator not to share something.
For more information about the government's Child Protection Mediation Program, see the Child Protection Mediation Program page of the Ministry of Attorney General's website. Or read the online brochure called What Is Child Protection Mediation? (PDF)
Note: Not all parts of the province have mediators and some areas may only have one.
Tips
- Whenever possible, try first to make plans for your children's safety by working with the child protection worker, family members, or community support people. Always include your child in planning if he/she is old enough. If you and the child protection worker can't reach a good agreement, then turn to mediation or some other form of problem-solving help.
- If there is more than one mediator in your community, you could do a little research about each mediator before agreeing to choose one. Look at the lists on the MediateBC website and click on each mediator's name to find out about her/his training and experience, attitudes on culture, parenting, religion, gender, or any other issue that is important to you. If you have any concerns about the mediator, discuss them with your lawyer before the orientation session.
- Remember that mediators are human too. They are supposed to be neutral but that is not always possible. Everyone has a personal history and beliefs and biases that influence their thinking. Speak up clearly if you think the mediator is taking sides or acting unfairly in any way.
- Mediation works best if the power on both sides is fairly equal. The mediator's job is to help balance the power and that is very hard when one side is a huge government ministry such as the Ministry of Children and Family Development and the other is a single parent or child. You may have to remind the mediator about that and how it feels for you.
- If you have the help of a skilled child protection advocate or Victim Assistance worker, ask the mediator and the child protection worker if your advocate can join the sessions to help equalize the power imbalance. The Ending Violence Association of BC has a list of community-based specialized victim services on their website.
- Be careful about mediation if there is violence or abuse in your family relationship. If this is your situation, discuss it with your lawyer before the orientation session and also tell the mediator about your concerns. You can ask to have a private session with the mediator at any time during the mediation process if you have concerns.
- Child protection mediation is free, and the ministry may also pay for some of your costs to get to mediation, such as day care, meals, and transportation. Make sure you ask for that help.
- Only agree to what is fair and fits for you and your family. Be willing to hear and understand the child protection worker's concerns.
- State your needs, opinions, and suggestions clearly and honestly. It's the mediator's job to help you do that.
- At any point, you have the right to consult with a lawyer to get a legal opinion before making a final decision. You may be able to have your lawyer come with you to the mediation. Contact legal aid if you don't have a lawyer. For information about legal aid, see Legal aid services on the Legal Services Society website.
- You have the right to stop mediation if you find it's not working for you. If you can, let the mediator know your reasons.
For more information about mediation, see the Child Protection Mediation Program page on the Ministry of Attorney General's website, or the Collaborative Planning and Decision-Making in Child Welfare page on the Ministry of Children and Family Development website.
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