F airness O penness R espect T rust T eamwork

1. What works!?Evidence based practice in Child and family servicesNSW DoCS’Alternative dispute resolution Program Fairness Openness Respect Trust Teamwork

2. Current Research • Shift of focus from traditional litigation to less adversarial formal settlement alternatives (Giovannucci; 1997) • McIssac (1991) reports that mediation permits parents to look at possible solutions and also the consequences of their behaviour in a context that does not blame, but focuses on future solutions What Works!? Evidence Based Practice in Child and Family Services NSW DoCS Alternative Dispute Resolution Program

3. Theme - DoCS’ ADR Program • Taking the least intrusive intervention wherever possible • Working participatively with families • Working from a families strengths perspective • Enhancing communication within the family • Focusing on future What Works!? Evidence Based Practice in Child and Family Services NSW DoCS Alternative Dispute Resolution Program

4. Aim - DoCS’ ADR Program DoCS’ mediation services are: • Respectful of those involved • Timely and informed • Consistent with policy & procedure • Consistent with best practice What Works!? Evidence Based Practice in Child and Family Services NSW DoCS Alternative Dispute Resolution Program

5. Aim - DoCS’ ADR Program • Address the safety, well-being & welfare of child or young person • Confidential • Assists where there is Children’s Court involvement • Makes best use of the family’s strengths, integrity and functioning What Works!? Evidence Based Practice in Child and Family Services NSW DoCS Alternative Dispute Resolution Program

6. NSW DoCS Model Develop a case or care plan or resolve conflict Care application lodged (S65) • Internal ADR • DoCS considers ADR • Family agreement • May be legal proceedings • DoCS preferred approach • Mediation based model • Confidential • Provided by DoCS ADR practitioners trained as mediators • Neutral 3rd party • Caseworker attends • External ADR • DoCS considers ADR • Family agreement • May be legal proceedings • Provided under special circumstances • Confidential • Provided by fee for service practitioner • Includes mediation & FDM • Neutral 3rd party • Caseworker attends • Court Initiated ADR • Care application lodged • Court considers ADR (preliminary conference) • Family agreement to attend ADR • Neutral 3rd party • Provided by Community • Justice Centre • Report back to Court • Caseworker attends

7. ADR Case Studies • Mediation is a short-term future focussed process that centres on resolving concrete issues (Kruk 1997) • Attendance by families to mediation is voluntary • ADR Practitioners work by consensus What Works!? Evidence Based Practice in Child and Family Services NSW DoCS Alternative Dispute Resolution Program

8. Family A - Profile • The physical and verbal abuse of 13 year-old girl by birth mother’s defacto • Defacto on home detention • Removed from the home due to hostility of defacto & mother • Child placed with paternal grandmother (no contact with birth father or brother) What Works!? Evidence Based Practice in Child and Family Services NSW DoCS Alternative Dispute Resolution Program

9. Family A - Profile • The Caseworker believed that if DoCS provided the family with the opportunity to ‘air’ their grievances and resolve the underlying conflict, there may be the opportunity for Patricia to return home, which was her preferred choice • The Caseworker viewed this work as essential and preventative in nature What Works!? Evidence Based Practice in Child and Family Services NSW DoCS Alternative Dispute Resolution Program

10. Family A - Concerns Presenting concerns to be mediated: • Communication • Power-imbalance • Contact • Placement, short & long term • Relationships • Restoration What Works!? Evidence Based Practice in Child and Family Services NSW DoCS Alternative Dispute Resolution Program

11. Family A - Outcomes • 2 mediation sessions • 3rd session to occur when logistics sorted • Defacto goaled until the end of 2004 but requested face-to-face session before agreeing to restoration • Mother will permit child’s restoration to family home only with defacto’s permission What Works!? Evidence Based Practice in Child and Family Services NSW DoCS Alternative Dispute Resolution Program

12. Family A - Outcomes • Family able to state needs & to negotiate their ‘wants’ • Child / mother‘special alone time’, less child care of stepsibling & more time in her room • Mother wanted respectfulness & child to be responsible for her chores • Chore schedule for everyone in the house that is mutual and all family members to abide by it What Works!? Evidence Based Practice in Child and Family Services NSW DoCS Alternative Dispute Resolution Program

13. Family A - Outcomes • Mediation was the least intrusive option • DoCS preferred child to return home now in defacto’s absence & mother to focus more on her daughter’s well-being and needs • Worked for this family - their decisions, care & protection needs were met, it was time & resource effective & it worked from a family strengths perspective What Works!? Evidence Based Practice in Child and Family Services NSW DoCS Alternative Dispute Resolution Program

14. Family B - Profile • Five children (ages: 7, 9, 11, 15 & 16 years) - lived with birth father • Birth father admitted to a psychiatric hospital for an acute episode of mental illness • 3 youngest children reported to DoCS • Birth mother separated from the family years earlier & unable to resume care of children due to chronic alcoholism What Works!? Evidence Based Practice in Child and Family Services NSW DoCS Alternative Dispute Resolution Program

15. Family B - Concerns • Long history of extended family conflict • Support for father during contact, if children did not live with him • Placement options for 3 youngest children in short & long terms • Placement of 2 eldest children & school attendance What Works!? Evidence Based Practice in Child and Family Services NSW DoCS Alternative Dispute Resolution Program

16. Family B - Concerns • Father’s parenting skills when with children • Level of supervision of children while with Father • Ongoing safety of the children • Legal issues What Works!? Evidence Based Practice in Child and Family Services NSW DoCS Alternative Dispute Resolution Program

17. Family B - Profile • Family’s good faith to resolve care & protection concerns Suitable to mediate due to: • Father able to focus on achieving the best outcomes for his children • Extended family committed to children • Family could build on existing capacity to meet children’s needs with support from DoCS & other professionals What Works!? Evidence Based Practice in Child and Family Services NSW DoCS Alternative Dispute Resolution Program

18. Family B - Outcomes • Agreement took 2 mediation sessions • All family members attended to have their say & contribute to the decisions • 1st session predominantly focused on where the children would reside in the short term • Agreement for a 2nd session in two weeks What Works!? Evidence Based Practice in Child and Family Services NSW DoCS Alternative Dispute Resolution Program

19. Family B - Outcomes • When the family returned, they informed the ADR Practitioners & Caseworker that they had come up with their own care plan and only required DoCS ratification and support • Consensus included decision to apply to Children’s Court for the re-allocation of parental responsibility by consent under s.38 (2) of the Act What Works!? Evidence Based Practice in Child and Family Services NSW DoCS Alternative Dispute Resolution Program

20. Family B - Outcomes Agreements family lodged with Court • Allocation parental responsibility for the 2 youngest children to maternal aunt • Centrelink payments transferred to aunt • 2 youngest children to negotiate contact with Dad, in addition to the formal contact agreement for every 2nd weekend and 1/2 of school holidays What Works!? Evidence Based Practice in Child and Family Services NSW DoCS Alternative Dispute Resolution Program

21. Family B - Outcomes • Aunt and father to support each other in caring for the children. If either one has concerns they are to speak to one another • 3 older children to remain with father • Father to continue with psychiatrist, take medication and undertake blood tests What Works!? Evidence Based Practice in Child and Family Services NSW DoCS Alternative Dispute Resolution Program

22. Family B - Outcomes • Father consents to Mental Health and DoCS exchanging information • Father accepts local family support services • DoCS assists to arrange Centrelink payments and provide food if payment problems • Contact with mother as requested by children What Works!? Evidence Based Practice in Child and Family Services NSW DoCS Alternative Dispute Resolution Program

23. Family B - Outcomes Family B and DoCS were able to: • Avert litigation • Re-allocate parental responsibility by consent and meet the care & protection concerns • Negotiate placement & contact options • Ratify decisions by DoCS and the Children’s Court What Works!? Evidence Based Practice in Child and Family Services NSW DoCS Alternative Dispute Resolution Program

24. Family B - Outcomes Family B and DoCS were able to: • Work participatively to determine common goals • Focus on the best interests of the children • Enhance communication within the family • Plan how DoCS & family to work together in the future What Works!? Evidence Based Practice in Child and Family Services NSW DoCS Alternative Dispute Resolution Program

25. DoCS ADR Profile • The benefits for families & for Caseworkers are heartening • ADR facilitates opportunity for family to bring out & talk about the real issues in family & work through them for themselves in a way that would not occur in other decision-making avenues • Results in insights that lead to greater commitment to their decisions What Works!? Evidence Based Practice in Child and Family Services NSW DoCS Alternative Dispute Resolution Program

26. DoCS ADR Profile - Process • Introductions • Explanations of roles • Exploration of issues • Decisions around what is to be discussed • Alone time with the ADR Practitioners • The resolution of issues and conflict • Drafting agreements What Works!? Evidence Based Practice in Child and Family Services NSW DoCS Alternative Dispute Resolution Program

27. DoCS ADR Profile -Benefits

28. DoCS Profile - Practice • Predominantly practice co- mediation • Organic shift in practice to multi-session mediations - many take 2 sessions (Relationships Australia & CJC) • Robust agreements & authentic informed decision-making by families • In-between time appears to benefit the family - time & space to reflect & digest, to understand & to think about resolution & agreements What Works!? Evidence Based Practice in Child and Family Services NSW DoCS Alternative Dispute Resolution Program

29. DoCS Profile - Practice • Averages 8 hours to complete a mediation, even with 2 or more sessions • Averages 3 ½ to 4 hours background work • Averages 2 ½ to 3 hours face-to-face mediation time, with sessions one to 1 ½ hours each • Travel time averages around 50 minutes per matter, longer for rural matters What Works!? Evidence Based Practice in Child and Family Services NSW DoCS Alternative Dispute Resolution Program

30. DoCS Profile - Reason referral

31. DoCS Profile - Issues Mediated

32. Conclusion - ADR Program • ADR is an ideal means to support collaboration even when it can be confronting for the ‘experts’ to relinquish control and ‘hand back’ decision-making to families • Challenge is to build the use of ADR into every day practice across DoCS that embraces best practice • Provide consistent & assessable mediation & ADR services for families where there is DoCS intervention What Works!? Evidence Based Practice in Child and Family Services NSW DoCS Alternative Dispute Resolution Program

33. Conclusion - ADR Priorities • Evaluation & training 2002/3 • Next 2 years - evidence based research into the types of matters mediated andoutcomes for families • Indigenous and Culturally and Linguistically Diverse (CALD) issues are key areas over the next 2 years What Works!? Evidence Based Practice in Child and Family Services NSW DoCS Alternative Dispute Resolution Program