Family Mediation

Family mediation, also known as alternative dispute resolution, collaborative negotiation, conflict resolution, or conflict intervention, is increasingly used in making child protection, child placement, and permanency decisions for children.

In contrast to the traditional adversarial, rights-based decision-making process, in this collaborative model, court- and community-based mediators work with families to resolve child abuse and neglect cases, expedite permanency planning, and develop postpermanency plans for ongoing birth family involvement in the lives of their children. The process emphasizes the needs of the child, family empowerment, and cooperation between families and professionals.

• State and local examples

The Essential Aspects of Mediation in Child Protection Cases
Barsky & Trocmé
Children and Youth Services Review, 20(7), 1998
View Abstract
Findings from a study that explores child protection mediation.

Information Packet: Child Welfare Mediation (PDF - 118 KB)
National Resource Center for Foster Care and Permanency Planning (2003)
Overview, facts, legislative review, best practice tips, model programs, and bibliography.

Mediation in Child Protection Cases (PDF - 199 KB)
Edwards
Journal of the Center for Families, Children & the Courts, 5, 2005
Overview of child protection proceedings, the judge's role, and shortcomings of the traditional adversarial process in resolving child protection and related family issues. Describes mediation as a viable alternative and discusses best practices for a successful mediation program.

Mediation in Kinship Care: Another Step in the Provision of Culturally Relevant Child Welfare Services
Wilhelmus
Social Work, 43(2), 1998
View Abstract
Suggests that mediation be used to resolve conflicts between agency and kinship care families in a culturally sensitive manner. A nonadversarial mediation process can help kinship care providers collaborate in the development and implementation of the intervention plan.

Mediating Permanency Outcomes: Practice Manual
Etter (1997)
View Abstract
Intended for use in preparing birth parents for cooperative planning for their children's future when the prognosis for reunification is poor. Incorporates four parent empowerment workbooks, each covering a specific aspect of helping parents consider parenting and adoption options in a noncoercive atmosphere.

Pathways to Permanence
Dave Thomas Foundation for Adoption (2000)
View Abstract
Video describing the general principles and procedures of three effective strategies (mediation, family group conferencing, and concurrent planning) used by courts to achieve goals for child safety and permanency.

Mediation: Child Protection Mediation (PDF - 44 KB)
National Center for State Courts (2001)
Definitions and overview of potential benefits, participants, process, confidentiality, and need for planning and oversight.

Tools for Permanency: Tool #3: Child Welfare Mediation (PDF - 46 KB)
National Resource Center for Foster Care and Permanency Planning (1998)
Describes how this approach is used in both court-based and social service-based settings in child protection cases to improve permanency outcomes for children.