Law Times

Page 10 April 8, 2013 Law Times • FOCUS Family mediation specialties recognized Groups forming distinct sections to address specific needs BY JuDY VAN RHIJN For Law Times W hen are family mediators not just family mediators? When they're separation and divorce mediators, elder mediators, child protection mediators, international child mediators, aboriginal mediators or parenting co-ordinators, they have specialized roles. As each of these specializations form distinct interest groups, alternative dispute resolution organizations are moving to give them the support they need. At Family Mediation Canada, the membership made a call to the board three years ago asking it to develop areas of specialty. It's now answering that call with the formation of six committees that are busy defining their roles and setting their agendas. Family Mediation Canada president Mary Damianakis says the move will allow the membership to focus on the complexities of certain areas as well as connect with the other specialties. She's also chairwoman of the new international mediation committee that she anticipates will take on the roles of education and prevention. "I have observed a naiveté and lack of education when it comes to the Hague Convention. Just because Canada is a treaty member, it doesn't guarantee the child's return. It depends on the political landscape. It could take four months, one year or not happen at all. Every country applies it differently." The committee will start small with more education and awareness for people accredited as family mediators. "We need to explain the process and teach them how to work a cross-border case," says Damianakis. "Even a cross-provincial divorce can be difficult. Where children are involved, it's much more magnified. What can be done in mediation before they go? If they don't come back, can we use mediation as an effective tool again?" Damianakis also hopes to open a bridge to the policy-makers in Parliament. "We must erase 'People need to know there is a place families can get help when they are dealing with someone with challenges caused by age,' says Colleen Currie. the myth that if you are in the Hague Convention, the kids are automatically returned. There is no guarantee." Ottawa lawyer Colleen Currie is co-chairwoman of the elder mediation committee. She believes the move to recognize specialties highlights the importance of knowledge and sensitivity around different areas of TRUST you're putting your reputation on the line. It's all about trust well placed. STACEY STEVENS | DAVID MACDONALD | MICHAEL BENNETT Since 1936 Thomson, Rogers has built a strong, trusting, and collegial relationship with hundreds of lawyers across the province. As a law firm specializing in civil litigation, we have a record of accomplishment second to none. With a group of 30 litigators and a support staff of over 100 people, we have the resources to achieve the best possible result for your client. Moreover, we are exceptionally fair when it comes to referral fees. We welcome the chance to speak or meet with you about any potential referral. We look forward to creating a solid relationship with you that will benefit the clients we serve. YOUR ADVANTAGE, in and out of the courtroom. TF: 1.888.223.0448 T: 416.868.3100 W: www.thomsonrogers.com ThomsonRogers_LT_Jan9_12.indd 1 www.lawtimesnews.com PM 12-01-04 2:56 mediation. "There are almost different cultures involved. There were a lot of things I needed to learn over and above my family mediation skills to ensure that I am using my skills in a way that is appropriate for elder mediation." The starting agenda of the committee is to build awareness of the availability of elder mediation. It's currently drafting public outreach materials to help inform the public about the practice. "We are not very long in the tooth yet unlike family mediation which has been around for decades and decades," says Currie. "People need to know there is a place families can get help when they are dealing with someone with challenges caused by age." There are plans to make connections with other organizations that deal with the elderly. Currie gives the example of approaching the Alzheimer Society to create links between web sites. The committee is also looking at standards of certification. "Because we are so new, we don't want to reinvent the wheel but we need there to be consistent standards so we are confident that when we make these links, we know we are bringing a benefit." Ernie Tannis, a solicitor and mediator in Ottawa who will be co-chairing the aboriginal mediation committee, sees the formation of the sections as a sign of the maturity of the mediation profession. His committee has a special challenge as it interacts with the traditional methods of problem solving practised by First Nations people. "In our secular court system, our focus is the couple who duke it out in the courts, negotiate, and mediate. The aboriginal way is very holistic. It is inherent to their tradition that it affects the extended family and the whole community and the next seven generations." Tannis intends to work with and in deference to their cultural heritage. "It is a two-way street. We are coming in with as many questions as answers." He points out that native communities are still subject to their jurisdiction and also the legislation. "We have to use the best of the west to comply with that and still preserve their internal methods. The committee will develop an approach to work with communities enhancing their traditions and honouring the jurisdiction that applies." Lawyer Tom Dart of Barrie, Ont., will lead the divorce and separation committee. He finds the formation of the specialty sections timely. "There are certain things happening at the federal level that we want to encourage and support." In particular, he refers to the action committee on access to justice in civil and family matters that has prepared a report advocating reform. The report of the family justice working group released on Dec. 19, 2012, flagged many of the expected recommendations. "One of the key elements will be recognition of mediation services and other ways of resolving disputes like collaborative law," says Dart. "Because so many people are self-represented in court, mediation is a place they can go to access information on how to resolve disputes." The other reform anticipated in the report is the long-awaited recognition of the need for specialized judges as well as unified family courts. Dart notes there's a movement afoot in many other organizations to support the reforms and says his section will certainly be adding its voice to the discussion. The child protection mediation committee is at the very beginning of its developmental stage. Professor Donalda Halabuza of the University of Regina stresses child protection mediation is a highly specialized area requiring knowledge of poverty, addiction, mentalhealth, and parenting issues. "It involves other mandated agencies where parenting practices are being challenged by the state. Obviously, we would like mediation to be utilized whenever possible, so we will see how we can assist with that." As it's extremely difficult to find good statistics on the frequency of child protection mediation, Halabuza suspects the committee will have to generate information in that area. "We would need to survey the extent that it is utilized and how it is utilized. This would be a major undertaking across all provinces and territories." At an even more embryonic stage is the parenting co-ordination mediation committee that will begin in the near future under the guidance of Linda Brummel. LT

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