Child protection mediation: A model for Ontario

Mediation is increasingly viewed as a viable alternative to litigation in family law. However, one area that remains relatively unexplored is the role and effectiveness of mediation within the child welfare system in Canada. The incorporation of mediation into the child welfare system has the potential to generate more cost-effective and durable solutions while increasing the levels of satisfaction both of those working in the system and their clients. There is a need to ask what form of mediation is most appropriate to the child welfare system and to develop workable models of planning and implementation. In pursuit of a best-practice model for Ontario, this thesis critically reviews the experience with child protection mediation in North America to date. Child protection mediation programmes have been most successful at the local, community level. When mandatory mediation has been incorporated into province or state-wide systems of child welfare protection, the results have been far more mixed. The failings of child protection mediation at this scale do not negate its value in child protection per se. There must be particularly strong and persuasive reasons if the principle of voluntary participation is to be ignored. Other important challenges include inadequate conceptualization of the particularities of child protection mediation; failure to identify and work with all of the relevant stakeholders; insufficient consultative mechanisms; inadequate attention to local circumstances; systemic resistance from child welfare professionals; the absence of training for all stakeholders and inappropriate training of mediators. The basic premise of this thesis is that a successful model can only be developed and implemented with reference to the particular constellation of institutions and dynamics at the local, community level. Following a review of the seminal, but contrasting, examples of Colorado and Florida, the thesis examines the mixed and varied experience with child protection mediation in Canada. The model presented in the final chapter of the thesis builds on the lessons of previous programmes to present a set of practical solutions for designing and implementing a successful child protection mediation programme. The thesis therefore aims to contribute both to the general literature and discussion on the value of mediation in child protection and provide practical guidelines to assist in the development and implementation of ground-level programmes.