Law Times

Law Times • march 31, 2014 Page 11 www.lawtimesnews.com Family mediators prepare for new era on reserves Organizations aiming to complement aboriginal ADR traditions irst Nations are grappling with their response to the federal government's new laws affecting matrimo- nial property on reserves. With a 12-month window to produce their own laws or have new rules imposed on them, there's much work to do. Family law media- tors are preparing themselves to complement native traditions in dispute resolution so they can as- sist once the bands have decided which path they'll follow. e Family Homes on Re- serves and Matrimonial Interests or Rights Act purports to em- power First Nations to enact laws that apply during a conjugal rela- tionship, when that relationship breaks down or on the death of a spouse or common law partner with respect to family homes on their reserves. ey have until Dec. 18 to do so or they'll become subject to provisional rules pres- cribed by the act. Lorraine Bortolussi, president of the Ontario Association for Family Mediation, flags two areas where mediators can assist First Nations: first, to prepare for the change and then to help in resol- ving the disputes. "Funding is nee- ded to enable First Nation com- munities to establish culturally appropriate family dispute resolu- tion processes," says Bortolussi. "Timelines are short and it is very important that the aborigi- nal communities are able to create their own governing family legis- lation which should include their own dispute resolution processes." While many First Nations have their own traditional dispute reso- lution practices, it's not a simple matter to tailor them specifically for matrimonial property matters. In 2012, the Aboriginal Human Rights Project found that docu- menting a dispute resolution pro- cess isn't as simple as mapping out methods used in the past based on traditional stories. e methods, the report noted, "are not static. ey have evolved over time to in- corporate developing values and principles arising from within the community, its customs and tradi- tions, and from external influence . . . to remain relevant under chan- ging circumstances." "Aboriginal communities for centuries have had, and to va- rying degrees still have, their own ancient and traditional methods of problem-solving," says Mary Damianakis, immediate past president of Family Mediation Canada. "Aboriginal communi- ties can inform others but they in turn are informed by mediation developments elsewhere." e Centre of Excellence for Matrimonial Real Property pro- vides guidance and support to First Nations that choose to un- dertake the development of their own matrimonial real property FOCUS CANADA & USA 1.800.265.8381 | EMAIL info@mckellar.com | www.mckellar.com McKellar introduced the concept of structured settlements in Canada in 1979. With almost 40 people at your disposal, we continue to set the standard today, providing safe, reliable, tax-free investment options for injured parties, while lowering claims costs. Billions of dollars invested, not a penny lost. The McKellar Structured Settlement ™ Untitled-1 1 14-03-24 7:06 PM laws. It's building a resource library that will make research and information available on al- ternative dispute resolution mechanisms in the form of information, tools, models, processes, and frameworks. Family Mediation Canada has noted media- tors can facilitate comprehensive community planning and communication with members who may not necessarily be living at home or within the territory. ey're necessary aspects of formulating the laws and to comply with the voting requirement for the community appro- val process established by the new legislation. "Mediation is well-suited to addressing issues that can arise in First Nations family, social, and cultural contexts," says Damiana- kis. "e mediation process is highly adaptable to traditional customs. e process typically provides opportunities for building respect and enhancing relationships. e challenge is to get information out and to receive commu- nity input in a way that is both meaningful and useful. Mediation responds to this challenge by providing a variety of ways in which to connect and work with participants." e assistance of mediators will also help in the preparation of the roster of mediators for the actual work of matrimonial dispute resolution. Existing laws and templates available through the Assembly of First Nations and the Lands Advisory Board almost uni- versally endorse the use of dispute resolution processes with the bands having the power to dra procedures, forms, fees, and consequen- tial relief for mediation. Some bands that already have laws in place, such as the Six Nations of the Grand River, require mediators selected from within the community with appro- priate training. e training will be just as necessary for bands that become subject to the federal government's prescribed laws. "ey will still need, within the context of the existing legislation, assistance with training, continuing professional development, and accreditation of mediators who are sensitive to and ef- fective within their commu- nities," says Bortolussi. In dealing with actual disputes, bands may main- tain a roster that includes outside mediators seen as culturally sensitive. It's to this end that the dispute resolu- tion bodies are attempting to increase their exposure to First Nations dispute reso- lution. "We need to learn from each other and always be open to being shaped by cross-cultural influences," says Damianakis. "is awareness has inspired the formation of the [Family Mediation Canada] aboriginal community mediation specialty group which is working to provide a forum for mediators to hone their skills and generate awareness of culturally relevant conflict resolution techniques." LT BY JUDY VAN RHIJN For Law Times F 'Funding is needed to enable First Nation communities to establish culturally appro- priate family dispute resolution processes,' says Lorraine Bortolussi.

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