Is This Mediation or Conferencing?

Mediation Instead of Adversarial Court System to Be Used to Help Risk Kids

Less traumatic procedures will be introduced by the Victorian Government to help children at risk of abuse. Child Protection workers will be able to mediate with families on such tender issues, like whether a child is removed from his or her home. Hence, under the radical changes planned by the State Government, mediation instead of the adversarial court system will be used.

Full article [here].

Note: I added the bold/underline as another article mentions it as conferencing- not mediation.


DECISIONS on where children at risk of abuse or neglect live will be made through mediation instead of the adversarial court system, under radical changes planned by the state government.

Currently, if protection workers believe a child is at risk of harm and should be in care, they must go to the Children's Court for an order to be made.

But the Children's Court has been criticised - including by the Ombudsman - for being too adversarial and not always acting in children's best interests.

...Sources have told The Age that the government will move away from the existing system and set up "child protection resolution conferences" at which the parties involved in a case and their lawyers will meet in a non-court setting with a judicial convener. Parents, children, foster carers and child protection workers will be able to be involved.

Judicial conveners will have the power to make decisions on where children live. Anyone not satisfied with the results of mediation will still be able to get the matter heard in court.

Full article [here].

Again, bold/underline added by me. Does this sound like mediation to you?

1 comment:

  1. I agree that it does not sound like mediation. If families have the opportunity to come together and talk out what is going, then that's more than they can do in a courtroom, but if someone else is making their decisions, then the process will still be dis-empowering and will not be as effective as letting families make their own decisions.


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