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Family Mediation in Canada - Past, Present, and Future Developments

NCJ Number
101265
Journal
Mediation Quarterly Issue: 11 Dated: (March 1986) Pages: 93-108
Author(s)
A Devlin; J P Ryan
Date Published
1986
Length
16 pages
Annotation
This paper outlines the development of and current trends in Canadian family mediation.
Abstract
It has been 14 years since the first conciliation court was established and only 4 since the formation of the first provincial association for family mediation was formed. Now, mediation and conciliation services have been established in numerous courts, and Unified Family Courts with attached conciliation services have been introduced in several provinces. A national mediation association was formed in 1984, spawning the development of additional provincial organizations. In addition, Federal legislation has been introduced to promote the mediation of custody and support issues in divorce. Many of these initiatives were spearheaded by judges and lawyers seeking alternatives to resolving marital disputes and were worked out in cooperation with interested mental health professionals. Thus, mediation in Canada has tended to focus on issues of custody and access and has developed largely within the existing legal system rather than as a reaction against it. Federal and provincial funding has made many demonstration projects possible, and a number of evaluation studies have demonstrated that conciliation counseling services provide a cost-effective and reliable means of dispute resolution. Future trends include the establishment of a statutory privilege for mediators; the development of professional standards; and the provision of government-funded, universally available mediation services through the Uniform Family Courts. 4 references.

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