Using Mediation in Foster Care Cases

Using Mediation in Foster Care Cases

Mediation is an effective tool when dealing with family law issues.  In the last few years, the use of mediation in foster care, adoption and dependency and neglect cases has risen exponentially.   More communities recognize the efficacy of this tool, spurring them to adopt new mediation programs to address these issues.  The traditional adversarial process involved in foster care and child protection cases often has inherent shortcomings that do not serve the best interests of the child or the parties involved.  As such, mediation provides an effective alternative.

In mediation, the parties can freely discuss the issues that are important to them.  The process is confidential, so they do not have to worry about saying things that can be used against them in court.   Biological parents and foster parents may have grievances to air and concerns they wish to address, such as drug problems, discipline issues or a lack of contact.  They can also communicate about difficult emotions in a safe environment.  Meanwhile, attorneys involved can work together to solve the unique problems facing the family in an honest and candid manner without being concerned about how these issues will reflect on their clients in a court setting.

Foster care mediation involves specially trained objective professionals who help facilitate communication between the parties.  Other people concerned about the child’s welfare may also be brought into the conversation, such as social workers or extended family members.  During the mediation process, the mediator helps identify issues that need to be resolved.  He or she then helps the parties solve these problems.  Solutions may involve creating a safety plan, establishing a visitation schedule, considering how to address financial needs and other creative solutions.  If the parties are able to reach an agreement, this agreement is memorialized in writing.

Share on Social Media

MEDIATOR OF THE MONTH: Jeffrey Grayson
Using Mediation in Foster Care Cases