Child Protection (CP) Mediation is one of the three prescribed methods of Alternative Dispute Resolution (ADR) contemplated in the Child & Family Services Act of Ontario. Like other types of ADR, CP Mediation could be used in many cases. However, to qualify for the MCYS funding available through ADR-LINK, there must be a clear decision made by a Children's Aid Society that a court intervention is being considered, is pending or is in process. ADR-LINK serves the nine Societies in the South West Region of Ontario.

The family and a representative of the CAS meet together in the presence of a CP Mediator, who is an impartial person with no power to make decisions.

What does a CP Mediator do?

First, let's be clear about what the CP Mediator does NOT do. The Mediator does not decide what happens. The Mediator's job is to help the family describe the parts of the plan they oppose and explain why. The CAS representative --usually the worker assigned to the case -- presents the CAS viewpoint. Maybe by having this discussion, they can find a new plan that is acceptable to the CAS and to the family.

Do the children attend?

No. Some teenagers may want to attend but this is not common. The Mediator helps you decide who will be at the mediation table.

So the family doesn't need a lawyer?

No, that is not true. Everyone who uses CP Mediation should have a lawyer or at least ask a lawyer to review any mediated agreement before signing it.

What is a mediated agreement?

This is a document written by the CP Mediator outlining what everyone agreed to during the mediation. Each person takes a copy of the agreement for review by a lawyer.

Is there a cost?

No. Costs associated with the mediation process are covered by the Ministry of Children & Youth Services.

What issues CAN be mediated?

Many things including conditions of a supervision order, length of a court order, specifics of the service plan, child's placement, client/worker conflict, custody or access, and features of an adoption.

What issues CANNOT be mediated?

• You cannot use Mediation if one or more key party does not agree to mediation or feels forced into it.
• Mediation cannot be used to determine if a child is "in need of protection."

In other words, all parties must want to try Mediation and all parties must accept that the CAS should be involved with the family.

Why use CP Mediation?

When contested cases go to court, they take a long time to finish and can cost a great deal in legal fees and time off work. Children may be left in limbo, not knowing what the future holds for them. Also, the process becomes a competition where only one side can "win." When a judge decides the outcome after a trial, someone always walks away unhappy with the outcome.

Mediation helps the parties "have their say" and may result in a workable plan for the children to keep them safe. It can also improve the relationship between a CAS worker and the family which, in turn, benefits the children.

Is the process fair to the families?

To ensure fairness, these are important points:

• the Mediator is an independent professional who does not work for the CAS
• the Mediator has no power to make decisions about the case
• the Mediator is not paid by the CAS and the Mediator assigned to the case is not selected by the CAS
• all Mediators listed on the ADR-LINK roster are trained in Child Protection Mediation and accredited by the Ontario Association for Family Mediation
• accredited CP Mediators agree to follow the Code of Professional Conduct of the Ontario Association for Family Mediation and they carry liability insurance
• any party can stop the Mediation at any time (or withdraw his or her participation)
• all parties are encouraged to review any mediated agreement with their lawyers before signing it

Also, if you believe the Mediator has a bias or conflict, you can ask for a different Mediator to be appointed.

How long will this process take?

The CP Mediator needs time to arrange a meeting of all the parties. After that, there are three parts. First, all parties meet for one or maybe two meetings. If an agreement is reached, then each party reviews the draft agreement with a lawyer. Third, everyone comes back to sign the agreement. Ask the CP Mediator for an estimate about how long this process will take.

Can my lawyer be there?

No, in most cases lawyers will not attend. That means neither the lawyer who acts for the CAS nor any lawyers who act for family parties. One purpose of CP Mediation is to help everyone have an open discussion outside the court environment. However, a lawyer from the Office of the Children's Lawyer who represents the child or children may be asked to attend. If an agreement is reached, each party is given a written copy to show their lawyers.

What if I say "no" to Mediation?

No one can be forced to do this. You are free to decline the option.

What if I change my mind?

It is important that everyone at the mediation table wants to be there. Some people think that once you start mediating, you have to keep going until everyone agrees about something. That's not true. It's your right to stop at any point, even if that means standing up and leaving the mediation meeting.

How do I refer a case for Mediation?

Anyone can suggest a case for CP Mediation, including lawyers and family parties named in the court application. However, the referral to ADR-LINK comes from the CAS.

What are the steps in the process?

1. Seeing if the case qualifies for CP Mediation. The CAS does this.
2. Securing consent of key parties to make a referral to ADR-LINK. The CAS does this.
3. Consulting the Band if the case involves a First Nations family. The CAS does this.
4. Notifying the Office of the Children's Lawyer. The CAS does this.
5. Making a referral to ADR-LINK. The CAS does this.
6. Matching an ADR professional from the ADR-LINK roster to the case. ADR-LINK does this.
7. Setting up and conducting the mediation. The CP Mediator does this.
8. Getting everyone's feedback and opinions about the process. ADR-LINK does this.

For more information, see our page on the referral process.

What if the CP Mediation doesn't end in an agreement?

If no agreement is reached, the case continues through the court system, just like before it was referred for mediation. Sometimes the parties agree on a few issues in mediation and the others will be presented to the judge for resolution.

What if I'm not happy with the process?

ADR-LINK asks for your opinions and feedback when the process ends. Having your feedback helps us all continually improve the process for users of the service. Some participants may want to voice their concerns directly to the CP Mediator. If you believe the CP Mediator violated the Code of Professional Conduct of the Ontario Association for Family Mediation, you can write to the President of that organization. You can also ask your lawyer for advice.