First Nations ADR/ODR

According to the Child & Family Services Act of Ontario, Children's Aid Societies must consider Alternative Dispute Resolution (ADR) when appropriate for child protection cases. ADR can address any issue related to a child who is or may be in need of protection, or a plan for the child's care. ADR is used as a strategy to streamline court processes and encourage alternatives to court. Its strengths-based orientation is an inclusive and collaborative approach to resolving child protection disputes, by encouraging the involvement and support of the family, extended family, and the community, in planning and decision-making for children.

ADR is used mostly, but not always, when a family and the CAS don't agree on the CAS plan for a child or children. This might happen if the CAS has apprehended a child and the family wants the child to return home, for example. When a case is in the family court system, or may be soon, the ADR is funded by the Ministry of Children & Youth Services. That court case could involve a supervision order, a Crown or Society wardship application, or the openness arrangement of an adoption order. When the case is in court, a judge can ask the parties to consider ADR. Or, the case can be referred to ADR by the CAS, with the family's consent.

What is ADR?

Three types of Alternative Dispute Resolution are available:

• Child Protection Mediation
• Family Group Conferencing
• For First Nations families, an ADR approach established by their band or community or other approach deemed appropriate by them

This last category is called "Aboriginal Approaches" by the Ministry of Children & Youth Services. The Ministry has defined "Aboriginal Approaches" in this way:

Traditional methods of dispute resolution, including circle processes, which have been established by First Nations communities or Aboriginal organizations. Impartial facilitators who have no decision-making power and who are skilled in First Nation traditional methods, assist the participants in developing a plan that is supported by the participants and/or the First Nation community and addresses the protection concerns identified.

To qualify as a person able to facilitate an "Aboriginal Approach" to ADR, an ADR practitioner must be recognized by the First Nations community as qualified. Efforts to identify such people and to develop "Aboriginal Approaches" for the South West Region are currently underway. The Original Dispute Resolution Symposium, held in March of 2008, was the first step in an on-going dialogue about how to develop and use ADR/ODR in the South West Region of Ontario.

What is ODR?

Original Dispute Resolution is a term describing ADR that draws on traditional ways of decision making, problem solving and resolving disagreements. The term ODR reflects the fact that dispute resolution has been used for generations. Today, knowledge of those traditional methods is found with the Elders and other sources of traditional knowledge. Respectfully accessing their wisdom and guidance, a First Nation community can develop ODR methods grounded in local traditional practices and in harmony with community needs and priorities.

Why use ADR or ODR?

The goal is to give the CAS and the family a time and place to discuss their different viewpoints on the children's care, so they don't end up in a courtroom asking a judge to make the decisions. Using ADR/ODR may have these advantages:

• everyone "has their say" and is listened to with respect
• it may speed up the planning process so children aren't left "in limbo" for so long
• it may improve the relationship between CAS workers and the families, so they can focus more effectively on the needs of the children
• the final plan is culturally appropriate and involves the entire family and community
• people are more likely to follow through with a plan they had a role in creating

Everyone wants the same thing: that children are safe. ADR/ODR helps people focus on that common goal and not get bogged down arguing about past disagreements.

Who can use the ADR/ODR?

ADR-LINK is funded by the Ministry of Children & Youth Services to support each First Nation within our region to develop their own ADR/ODR methods. Those communities are:

Aamjiwnaang First Nation (Chippewas of Sarnia)

Caldwell First Nation

Chippewas of Nawash First Nation

Chippewas of Kettle & Stony Point First Nation

Chippewa of the Thames First Nation

Delaware Nation Moravian of the Thames

Munsee Delaware Nation

Oneida Nation of the Thames

Saugeen First Nation

Walpole Island First Nation

In our role as facilitators to the development process, ADR-LINK is in contact with these family-serving agencies:

• Mnaasged Child & Family Services
• Native Child Welfare, Chippewas of Nawash First Nation
• Anishnabek Child & Youth Prevention Services, Saugeen First Nation
• Department of Social Services, Walpole Island First Nation

Key members of each First Nation can collaboratively develop an approach grounded in local traditional practice and in harmony with community needs and priorities. This is an on-going process. Contact ADR-LINK to learn more.

Is this only for families who live on reserve?

ADR/ODR could also be used by First Nations people who live in other parts of the South West Region (Bruce County, Chatham-Kent, Elgin-St. Thomas, Huron-Perth, London-Middlesex, Owen Sound and the County of Grey, Oxford County, Sarnia-Lambton, and Windsor-Essex).

What if no ADR/ODR technique is available yet in our community?

Families are welcome to use Child Protection Mediation or Family Group Conferencing. Or contact ADR-LINK to see if we can arrange a First Nations ADR/ODR professional to come from another part of Ontario.

How do I make a referral for ADR/ODR?

To access ODR services, please contact Dawn Lashbrook. If your case does not involve a First Nations family, please see the information on our Referral Page.