3. Sign an agreement to take part in ADR
Question & Answer
What is alternative dispute resolution in a child protection case?If you agree to try (ADR), the ADR professional prepares an agreement that includes details such as:
- the issues you'd like to resolve in ADR
- the name of your ADR professional
- what is and is not private or confidential
- how you, CAS, or the ADR professional can end the process
Before signing the agreement:
- read it carefully
- make sure that it includes all the important details about the process
- ask any questions you have
- make sure that you understand it
You should pay attention to how you, CAS, or the ADR professional can end the process, and what happens if you sign an agreement but don't follow it.
You don't need a lawyer to agree to try ADR with CAS. But if you decide to try ADR, it's a good idea to get your own legal advice before you sign an agreement to take part in ADR. It's also a good idea to get legal advice before you sign any agreement that you reach in ADR.
Closed process
ADR for child protection issues is always closed. This means that what happens at your meetings is usually private or confidential.
For example, the ADR professional's notes usually can't be used in court and the ADR professional can't be asked to be a to talk about what happened at ADR. The only information that can be shared with the court is if you signed an agreement and what the terms of it are. This information is included in the ADR professional's report.
But there are some limits to what information is private or confidential. For example, if information shared during ADR raises serious new concerns about the safety of a child or another person, the ADR professional has a duty to let others know.