This page explains the referral process for court-related ADR cases from children's aid societies in the South West Region of Ontario. It also has a downloadable, "fill and print" referral form. ADR-LINK processes referrals in this region only. Check our links page for a list of qualifying agencies.

The referral process has 6 steps.

1. Ascertaining if the case qualifies for ADR
2. Seeking consent from involved parties to consider ADR
3. Seeking consent from the parties to contact ADR-LINK
4. Consulting with First Nations Band (if applicable)
5. Notifying the Office of the Children's Lawyer
6. Completing the ADR-LINK Referral Form

1. Ascertaining if the case qualifies for ADR

Consult your supervisor to ascertain if this case is appropriate for ADR, if your agency supports its referral for ADR, and if it satisfies the Ministry criteria for funding. According to policy of the Ministry of Children & Youth Services, at least one of these criteria must be met:

The Society has considered alternative resources and supports, including differential response approaches, has given serious deliberation to initiating a protection application and believes that an ADR service has the potential to avoid court or limit the number of issues requiring determination by court; or

A court, with the consent of all parties, has adjourned the proceeding to permit the parties to utilize a prescribed method of ADR in order to attempt to resolution of the issues in dispute; or

A Society has identified a case where there is high complexity and low agreement, all other internal Society resources have been considered and/or exhausted and it has assessed that a neutral third party may be the most effective way to determine if an agreement can be reached (e.g., issues related to an openness order, etc.).

Mediation and Family Group Conferencing can be used in a variety of cases to address a variety of issues. The funding for this initiative is limited to cases where a children's aid society has made a clear decision that a court intervention is being considered, is pending, or is in process.

In addition, the success of an ADR intervention depends highly on using the appropriate technique with an amenable case at an opportune time. We have prepared a referral checklist to aid your decision making on the timing of a referral.

The use of conferencing or mediation in the context of a Differential Response is not part of ADR-LINK's mandate. To use mediation or family group conferencing as a differential response, contact the service provider directly.

2. Seeking consent from involved parties to consider ADR

In this region, there are three ADR methods available:

Child Protection Mediation

Family Group Conferencing

ADR for First Nations Families

To assist you in selecting the best ADR method for the case, we have developed a Comparison Chart of Three Available ADR Methods

To help you explain the fundamentals of the process to the family and other parties, ADR-LINK has prepared brochures on all these methods suitable for use with families.

ADR is a voluntary process and it is important that all parties understand these two points:

• they are free to decline the opportunity to use ADR
• any party can at any time end their participation in the ADR process

It is the responsibility of the ADR professional to gain informed consent of each party after a thorough explanation of what is entailed in the ADR method and the rights and expectations of involved parties. Your goal at this point is to ensure that all key parties agree to consider ADR and are open to a referral for ADR services.

3. Seeking consent from the parties to contact ADR-LINK

ADR-LINK does not contact any CAS client directly, but we do need to know some case information such as the names of parties expected to participate. Your agency may require that each party sign a consent form indicating their understanding that ADR-LINK will be contacted by you with this information AND that the information will be passed along to an ADR practitioner. You may use a standard "consent to release information" form. A copy of the signed consent should be sent to ADR-LINK along with the referral form.

4. Consulting with First Nations Band

If this case involves a First Nations family, the Band must be informed about the intention to consider ADR. Over time, each First Nations community in this region will develop its own Original Dispute Resolution approach. For more information about this process, contact ADR-LINK.

5. Notifying the Office of the Children's Lawyer

Notification of the Office of the Children's Lawyer (OCL) is mandator whenever ADR is being considered for a family. Form 0011 is used to notify the OCL that a CAS is proposing to use court-related ADR. This is an Adobe Acrobat form that can be filled in on your computer. Then print a copy and fax as directed.

Form 0011: Notice to the Office of the Children's Lawyer Where Alternative Dispute Resolution is Proposed Under the Child and Family Services Act (a fill and print form)

Please fax a copy of this completed form, along with your referral form, to ADR-LINK. The OCL may or may not choose to asign someone to the file. They will notify you directly within a week or so.

6. Completing the ADR-LINK Referral Form

Use this form to refer the case to ADR-LINK. It is a "fill and print" form to be completed in Adobe Acrobat Reader (version 7 or higher).

ADR-LINK Referral Form for CASs

When completed, print off the form and fax it to our confidential number: 519-679-4234. ADR-LINK will endeavour to match the case to a qualified ADR professional in a timely way.