Consultation Paper on Alternative Dispute Resolution - Law Reform ...

(i) Child Protection Mediation Programme
5.109 The Child Protection Mediation Programme was established in 1997
under the Child Family and Community Service Act 1996. Section 22 of the
1996 Act states:
―If a director and any person are unable to resolve an issue relating
to the child or a plan of care, the director and the person may agree
to mediation or other alternative dispute resolution mechanisms as a
means of resolving the issue.‖
5.110 Parents and the director can choose to use mediation when there is a
disagreement regarding the care of a child. It can be used to resolve a number
of issues, including: what services the family will receive and participate in as
part of the plan of care; the length of time the child will be in the director‘s care;
the amount and form of access the parent or others have with the child; the
specific terms of a supervision or access order; or other matters relating to the
care or welfare of a child. Section 23 of the 1996 Act provides that if the
proceedings are adjourned for mediation, any time limit applicable to the
proceeding is suspended. Once the parties agree to try mediation, they must
select a mediator from the Child Protection Mediation Roster. 129
(ii) Family Mediation Practicum Project, British Columbia
5.111 The Family Mediation Practicum Project has been operating in New
Westminster, British Columbia since January 2004 and provides free mediation
services for family disputes about custody, access, guardianship, child support,
and simple property matters. One of the objectives of the project is to expand
the number of qualified family mediators in British Columbia. In the project, one
mediator is guided by a senior, highly trained mediator (or mentor), who assists
the mediator to prepare for and conduct each session. An evaluation of the
Project in 2005 found that the project had successfully achieved all of its
objectives. Exceptionally high satisfaction ratings were reported by clients who
participated in mediation by mediators and by project mentors. 130
(iii) Québec
5.112 Since 1997, couples in Quebec with children may obtain the services
of a professional mediator during the negotiation and settlement of their
129 See http://www.mediator-roster.bc.ca/select_cp.cfm.
130 See http://www.ag.gov.bc.ca/dro/family-mediation/PracticumProgram.pdf.
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