In 1998 the federal Court
Improvement Program (CIP) recommended that states test whether mediation could
be effective in expediting the process of moving alleged child abuse and
neglect cases to adjudication. The rationale was that by doing so, the safety,
stability, well-being and permanency placement of the child would be achieved
sooner rather than later. This conclusion was based upon a collaborative effort
among court personnel, child welfare agencies, attorneys, and other
stakeholders.
In Michigan, the CIP recommendation was implemented by the State Court Administrative Office with services provided by Community Dispute Resolution Program centers. An implementation study conducted by the Michigan State University School of Social Work in 2004 found that mediation resulted in achieving permanency outcomes over 12 months sooner than cases managed through the traditional court process. Not only does this finding have obvious financial savings for the courts, but it also has significant emotional implications for a child and the family. [Ed. Note: a follow-up study will be completed by December 2018.]
As the service evolved, the issues
relating to child abuse and neglect broadened. Although determination of permanency
placement remained the ultimate goal, mediation was being used throughout the
continuum from the initial referral at the time of the preliminary inquiry /
hearing through the permanency planning hearing and potential termination of
parental rights. Consequently, while the service was originally known as
“permanency planning mediation,” the program later became known as the Child
Protection Mediation Program to reflect the program’s broader spectrum of
issues managed through mediation.
In this collaborative
problem-solving process, the individuals present at mediation can vary from
case to case. Generally speaking, those involved include the prosecuting
attorney, Department of Health and Human Services staff, guardian-ad-litem,
biological parents, foster parents, representative attorneys, and of course,
the mediators. As with all mediations, opening statements are followed by a constructive
dialog among the participants in an effort to reach an agreement. The
agreements themselves can range from whether or not there is sufficient
evidence to sustain the allegations in a petition, to determining if continued
out-of-home placement is necessary, development of a permanency plan, or the
termination of parental rights.
When an agreement is reached, the
court either accepts, modifies, or rejects the agreement. In most cases, the
agreement is accepted by the court. In those cases in which there is no
agreement, the case is returned to the court, at which point the prosecutor
will either schedule the case for trail, defer the petition while the family
receives services, or dismiss the case.
The Charlevoix/Emmet Probate County
Court has managed child protection cases through mediation since (year). According to retired Probate Judge Frederick
Mulhauser, who was an early proponent of the service, “(c)hildren in troubled
families have no time to waste. When using mediation the three likely results
are: you will either be no worse off than when you started; you will have made
progress and moved the ball down the court; or you will have resolved the
problem and improved the outcome for kids and parents. In mediation, you have an excellent chance of
changing a child’s life for the better while risking very little.”
Chiefly to provide guidance to
additional courts wishing to provide this service, the Michigan Supreme Court
recently adopted amendments of MCR 2.410 and 2.411 and new MCR 3.970 concerning
child mediation practice. These rules
serve as a testimonial to the effectiveness and efficiency of child protection
mediation and pave the way for its further development in the years ahead.
Dr. Millar has served as Executive Director of Northern Community Mediation (NCM) since 2003. As one of the 18 Community Dispute Resolution Program centers, NCM serves citizens in Emmet and Charlevoix Counties and served as one of the original child-protection mediation pilot sites.