4. Go to ADR
Question & Answer
What is alternative dispute resolution in a child protection case?Alternative dispute resolution (ADR) is a chance for you and CAS to try and negotiate an agreement or a plan for your child with the help of an ADR professional out of court.
While lawyers sometimes come to Child Protection Mediation, they rarely come to a Family Group Conference or an Indigenous circle. But you can always speak with your lawyer at any time to ask questions or get advice. And it's a good idea to have a lawyer review any agreement before you sign it.
Your child’s lawyer
If you agree to participate in ADR, CAS will tell the (OCL). The OCL then decides whether your child will get an OCL lawyer to take part in ADR. If your child is over 8 years of age and can say what they want, the OCL is more likely to get involved.
If the OCL takes part in ADR, they may ask CAS for more information about their concerns, so that they can represent your child better.
The OCL lawyer meets with your child before ADR to understand your child's views. The OCL lawyer then share your child's views with everyone involved in ADR, if your child gives them permission.
If your child comes to ADR, their OCL lawyer helps them prepare for ADR and supports them during the meeting. Later, the OCL may follow up on any plans agreed on during ADR.
If your child doesn't get an OCL lawyer, then the ADR professional will usually arrange for a family member to support your child during the ADR process.
Issues to talk about
If your child is going to remain in your care, some issues you can discuss are:
- what services CAS can offer your family or connect you to
- how to build support networks and develop safety plans
- what changes you need to make to your home to make sure your child is safe
- how CAS will check on you and supervise the situation
If your child is not going to remain in your care, some issues you can discuss are:
- the programs or courses you can complete so that your child may return to your care
- how long CAS plans to care for your child
- how your child maintains their cultural, racial, linguistic, and religious heritage while CAS cares for them
- whether your child can stay with family or friends
- how and when you and others in the extended family can contact your child, for example, by phone, mail, and in person
