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MEDIATION IN CHILD PROTECTION AND THE NOVA SCOTIA EXPERIENCE
Authors:Susan E Carruthers
Institution:Susan E. Carruthers graduated from the University of Prince Edward Island in 1994 with a bachelor of science major in biology. Presently, she is a third-year student at Dalhousie Law School, Dalhousie University, Halifax, N.S., and expects to graduate in May 1997.
Abstract:In recent years, mediation has become a device used to settle disputes in the area of child protection. The first legislatively based child protection mediation program in Canada was implemented in the province of Nova Scotia in 1993. This program has been criticized for not safeguarding children from neglect and abuse, for redundancy with respect to settlements offered by child protection workers, for its nonuse of child protection workers as mediators, and for power imbalances between negotiating parties. It has also suffered from a low number of referrals to mediation. The Nova Scotia experience emphasizes the need to gain support not only from child protection agency leadership but also from frontline staff to create a stable and beneficial mediation program. Even in light of the complications with respect to child protection mediation in Nova Scotia, there is a growing interest and implementation of mediation programs throughout Canada.
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