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Archive for the ‘Child Protection Mediation’ Category

Study of Child Protection Mediation in Michigan Finds High Rates of Satisfaction, Permanency Effects

Jennifer Shack, May 29th, 2019

The Michigan State Court Administrative Office recently released its report on child protection mediation (CPM) in the state. In Michigan, CPM is conducted by community mediation centers associated with the courts. The study looked at CPM at five of these centers, which collectively provide services for 24 counties. It focused on descriptive statistics, participant and stakeholder perspectives, and time to permanency. The report found that CPM participants have positive perspectives on the process, that stakeholders are largely supportive of it and that it reduces time to permanency.

Mediation in the five sites (Gaylord, Jackson, Marquette, Petoskey and Traverse City) is voluntary and primarily takes place early in the case, on average within 60 days of the filing of the petition. In the five sites, the number of mediated cases during the study period (January 2016 – October 15, 2018) ranged from six to 105.

Petoskey and Gaylor had participant experience data. In both, participants responded positively to each survey question asked. In Petoskey, participants said that they had the opportunity to express themselves, gained a better understanding of the issues, felt respected and felt the process was fair to them. In Gaylord, they had similarly high ratings for those topics, and also said they felt safe and believed the mediator was neutral.

The study included data from surveys statewide that asked those going through the traditional process and those going through CPM how satisfied they were with their experience. On three metrics, parties who went through CPM gave slightly higher ratings: case resolution, staff courtesy and courtesy of the judge.

The researchers interviewed ten stakeholders for the report. The stakeholders were asked about their perspectives on the effectiveness of CPM. The majority believed that CPM resulted in significant time and cost savings. They also felt that mediation was effective at improving family permanency and the parents’ relationships with child protection workers. On the other hand, they had some reservations about how often parents comply with mediation agreements.

The interviewees were also asked their perceptions of other parties’ willingness to participate in CPM. Their responses indicated that stakeholders were consistently likely, or very likely, to be willing to participate in CPM, with child protection workers relatively willing and guardians ad litem extremely willing to do so.

The researchers compared the average time to permanency in the CPM study sites to those in comparable sites that did not have CPM. They found variation in the time to permanency among the five sites, as well as the comparison sites, with Petoskey having a much longer time to permanency than any of the other sites. Overall, however, they found that time to permanency was 50 days shorter on average in CPM sites than in the comparison sites. The researchers also found that cases in the CPM sites were more likely to close within 2 years than those in the comparison sites. Again, there was significant variation among the sites.

It isn’t clear from the data provided that CPM was the cause of the shorter time to permanency or the higher closure rate. In Traverse City and Jackson, which had the shortest times to permanency, a very small percentage of cases was mediated (6 mediated cases, 145 cases closed for Traverse City and 9 cases mediated, 133 cases closed for Jackson), which calls into question how much of an effect CPM was on permanency at those sites.

RSI Hosts Child Protection Mediator Training for Kane County Program

Just Court ADR, October 31st, 2018

About eighteen months ago, we trained our first cohort of volunteer neutrals to co-mediate child protection cases in our newest court program. That training was the culmination of nearly two years of program development, in which we developed court rules and program procedures, and brought together stakeholders all in service of a shared vision to offer stability to vulnerable children. Since then, the program has assisted in over two dozen cases, providing a forum for over 150 family members, social workers, GALs and others to work out the roadblocks facing them.

On September 29-30, we trained our second cohort. Though a smaller group than the original, we are astounded at the depth of experiences they bring to the Kane County, Illinois Child Protection Mediation Program. Their backgrounds include running law, mediation and coaching practices, as well as serving in the State’s Attorney’s office. Given these cases often come loaded with emotional firepower and complex interpersonal dynamics, it is a real boon to have such accomplished neutrals with a real diversity of experience.

When we did our last training, I wrote up my takeaways, and thankfully, those lessons held up well! One other lesson we learned from surveys administered following the last training was that people left feeling apprehensive about how prepared they were to mediate these cases. Some part of that apprehension in unavoidable – we were asking our volunteers to step into a brand new program to mediate emotionally fraught, multi-party cases that few neutrals ever have the opportunity to mediate! To the extent we were able to, this time around, we as the trainers addressed that fear more directly: naming it, validating it, sharing stories about times we failed and how we rebounded.

I think we in the ADR field have an archetype of the ideal neutral as someone who confidently controls the room and the process. There’s good reason to hold that standard up, but we also have to remember it takes time, experience and at least some failure to reach that level. If our most recent training reassured our mediators of that so they can more confidently go forward and serve these families, I’m content to call it a success.

A huge thank you to our trainers Stephanie Senuta, Kevin Malone and Susan Yates. We are grateful to the Court Improvement Program and the Administrative Office of the Illinois Courts for providing the funding to put on this training*,  and to the 16th Judicial Circuit Court of Kane County, Illinois and Flavors of North America International for furnishing the space for this training.

*In September 2015, the Illinois Equal Justice Foundation awarded Resolution Systems Institute $40,000 to develop the pilot Child Protection Mediation Program in conjunction with the 16th Judicial Circuit Court of Illinois in Kane County. That funding was supplemented in July 2016, when the Illinois Bar Foundation awarded RSI $5,000 to support the program’s mediators. Most recently, for the 2018 fiscal year, RSI has been awarded $40,000 from the Administrative Office of the Illinois Courts’ State Court Improvement Program. Overall, $40,000 of the Kane County Child Protection Mediation Program’s.

Trainer Stephanie Senuta and Kane County Mediation Programs Manager Kevin Malone leading a session during the September training.

State Certification Board and Court-Contracted Mediation Services Heather Scheiwe Kulp

Just Court ADR, September 27th, 2018

In this guest post, Heather Scheiwe Kulp, the Alternative Dispute Resolution Coordinator for the New Hampshire Judicial Branch Office of Mediation & Arbitration reports on the connection between the state of New Hampshire’s family mediator certification board and the New Hampshire Circuit Court—Family Division ADR program. The Court contracts only with board-certified mediators to provide parties in divorce/parenting cases with mediation services. Earlier in her career, Heather was a Skadden Fellow at RSI.

In 1990, the New Hampshire legislature enacted legislation (RSA 328-C) creating the Family Mediator Certification Board (the “Board”) to certify family mediators and family mediator training programs. The statute gave the Board rule-making authority under the Administrative Procedure Act (RSA 541-A), thus housing family mediator certification functions in the executive branch. The purpose of the legislation was (and still is) to “protect and assist the public by providing standards for the practice of family mediation, training and continuing education for certified family mediators and certified family mediator training programs, and disciplinary procedures for violating ethical rules and requirements.” RSA 328-C:1. While most of RSA 328-C addresses the Board’s duties, the legislation does address some aspects of family mediation that are independent of the board: RSA 328-C:2(VI-V) defines “family mediator” and “family mediation”; and RSA 328-C:9 creates a mediation confidentiality for all family mediation, not just family mediation conducted by certified family mediators.

In 2015, the Board became part of the State’s Office of Professional Licensure and Certification—Technical Division. The duties of the 11-member Board include establishing eligibility criteria to be a certified family mediator, adopting ethical standards, and disciplining mediators after conducting complaint investigations. To fulfill its duties, the Board promulgates Administrative Rules and Practice Standards. These Rules and Standards inform mediator practice and establish what mediators must do to remain certified, including renewing their certification every three years. The Rules and Standards are also the criteria by which any complaints of misconduct are evaluated, investigated and determined.

In 2007, the New Hampshire legislature established (RSA 490-E) the Office of Mediation and Arbitration (the “Office”) within the Judicial Branch. The Office is responsible for developing and supporting alternative dispute resolution (“ADR”) programs in all courts and in pre-suit situations when ADR might be appropriate. Duties include contracting with, assigning, and overseeing court-contracted mediators, including family mediators.

Circuit Court Administrative Order 2014-11 sets out the criteria for family mediators who contract with the Court, including that a mediator “maintain [family mediator] certification at all times while contracted as a mediator with the family division of the Circuit Court.” Admin. Order 2014-11(2). Parties in a divorce or parenting case are welcome to choose their own private mediator, regardless of whether the mediator is certified. However, the Judicial Branch only contracts with (and therefore only assigns and only compensates for cases with indigent parties) family mediators who are certified pursuant to RSA 328-C. Fam. Div. Rule 2.13.

Currently, the Court contracts with approximately 40 certified family mediators to provide over 3000 court-assigned divorce or parenting mediation sessions per year. Most of these mediators also provide mediation services to private clients.

The Board and the Court have some interaction. The primary interaction is that the Court requires court-contracted mediators to be Board-certified. Thus, if a family mediator loses certification or chooses to let certification lapse, the Court terminates the mediator’s contract.  Also, the Board includes two Judicial Branch officers: one judge who regularly sits in the Family Division; and one full-time marital master. These officers share perspectives about issues before the Board that impact the Court. At times, the Board will reach out to the Office to learn more about how an issue may impact Court-based ADR. For instance, this summer, the Judicial Branch—including the Office—was invited to provide comments at the public hearing (or in writing) about the Board’s Administrative Rules changes.

Looking at Process and Outcome to Improve an Effective Program

Jennifer Shack, August 28th, 2018
I recently had the great pleasure of evaluating Washington D.C.’s Child Protection Mediation Program. The court was interested in getting a better understanding of the issues involved in the process, such as whether the timing of mediation should be changed and whether the process was working for the participants. Therefore, the evaluation was a comprehensive examination of the outcomes and impact of mediation, as well as the program process from referral to completion of mediation.

To conduct the evaluation, I interviewed parents and judges, observed mediations and court hearings, developed post-mediation surveys and analyzed court files and program data. RSI Executive Director Susan Yates and I also conducted focus groups with groups of professionals who participate in mediation (guardians ad litem, parent’s attorneys, Assistant Attorneys General and social workers) as well as with program mediators. The results of the evaluation, Improving an Effective Program: A Comprehensive Evaluation of the Superior Court of the District of Columbia Child Protection Mediation Program, pointed to the program effectively achieving its goals, but needing to address some issues surrounding the program process.

Mediation in this program is mandatory and is supposed to occur within 30 days of the initial hearing. The goals for mediation, as expressed by the attorneys, social workers and judges, are to:

  • Make progress on the legal issues in the case and reach agreement on the stipulation (an agreement as to the facts of the case that takes the place of trial)
  • Help parents to understand their situation and their responsibilities going forward
  • Increase professionals’ understanding of the case, the parents and the family’s situation
  • Enhance communication among the professionals
  • Provide parents with an opportunity to talk about their concerns and be heard
The court and professionals agree that mediation at this early stage of the case brings all those involved in the case together at an opportune time to discuss the issues involved and progress that should be made at a time when they normally would not be focused on the case. This allows them to exchange more information, update services and visitation, and ensure that professionals are being held accountable for their tasks. Additionally, mediation is seen as a unique forum for parents to be important in the process and to speak about their concerns and be heard. When mediation is conducted early in the case, the exchange of information and parents’ input help professionals make better decisions. Mediators assist in this process by facilitating the discussion, clarifying and summarizing the points being made, reframing position statements in a more positive way, and, at times, supporting the professionals’ goals for the parents.

The results show that the program is generally achieving its goals. Of significance, parents who mediate are twice as likely to stipulate before trial as those who don’t mediate. Further, it is likely that they are more compliant with services, although limitations to the data make it impossible to state this with certainty. Limitations to the data also made it difficult to draw conclusions about mediation’s effect on time to permanency. The evidence, however, points to mediation not having an effect on the time it takes for a child to have a permanent home.

Other results indicate that the percentage of mediations ending with a signed stipulation declined from 2013-2014 to 2017, from 44% to 25%. This was most likely due to a policy change at Child and Family Services Agency in 2015, which judges and professionals said led to only the most challenging cases being brought to court. Despite this, approximately half of the mediations in 2017 ended with some progress on the stipulation.

Importantly, both parents and professionals are gaining understanding through mediation. Almost all parents who completed surveys after mediation said they better understood the points of view of the others at the mediation, as well as what they had to do next. The vast majority of professional participants who completed surveys believed that they gained understanding of others’ points of view and the parents’ situations. In their survey responses, almost three-quarters of parents said they trusted that those involved in their case wanted to do what was best for their children. Parents who were interviewed shed light on the effect of mediation on their level of trust in the professionals. Half of the parents interviewed trusted the professionals before they participated in mediation. Mediation for them was an opportunity to see once more that they could trust them. Of the other half, three entered mediation lacking trust in at least one of the professionals and nothing in mediation led them to change their minds; while for a two, mediation did change their minds from seeing the professionals as being against them to learning they could be trusted.

More than three quarters of the parents were satisfied with the mediation and 83% believed it was helpful to them. Both parents and professionals believed they had an opportunity to talk about what was most important to them and that they were understood. Most parents believed the mediator and, more importantly, the professionals, treated them fairly and with respect. All professionals believed that the mediator treated them fairly and with respect.

Despite the success the program has in achieving its goals, the program process can be improved. One such opportunity lies in the timing of mediation. There was general agreement among professionals that mediation shouldn’t take place within 10 or 15 days of the initial hearing because enough time needs to elapse in order to make the most effective use of mediation. Mediation too soon means that not enough time has elapsed for new information to be available or for parents and professionals to have started taking the steps required of them in the initial case plan. Without these, discussion in mediation is less productive. On the other hand, there was little interest in extending the deadline much beyond 30 days because some of the benefits of mediation are lost if it takes place too late. Generally, almost all professionals thought mediation around 30 days was an ideal time. Despite this, about 1/3 of mediations were scheduled either within 15 days or after the 30-day deadline. It was recommended that the court increase the deadline to 40 days so that more mediations could be held after 15 days had elapsed, but still not too late to keep the case moving forward.

The biggest complaint among the professionals in the focus groups was that mediations didn’t start on time. A review of the data found that most of the time, the delay is due to either a professional or parent arriving late. The mediation was often further delayed because a parent’s attorney needed to speak with his or her client. The recommendation to address this was to require that parents and their attorneys arrive 30 minutes before the scheduled time for mediation.

After speaking with the professionals and mediators in focus groups, it became clear that everyone could benefit from opportunities to learn from each other as well as others, and that many wanted this to happen. The focus groups became an opportunity for the participants to find out how their peers were approaching issues in mediation, and to find out what was possible. The focus group participants talked about wanting to gain more information or to explain to others what their own role is. Mediators mentioned areas of uncertainty for them. Professionals discussed areas in which they felt mediators could improve. All of this points to a need for an ongoing education program for both professionals and mediators, which was recommended.

The mediation program was first put in place in 1998 as a pilot. It has evolved over time, but hadn’t been comprehensively evaluated in more than a decade, and those evaluations were outcome-oriented, meaning that the process hadn’t been examined in a methodical way. This evaluation demonstrated that looking at both outcomes and process were essential to assessing the program and determining what could make it better.

For a quick take on the evaluation, see the Executive Summary.

For a full discussion and all statistics, see the Full Evaluation.

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