This study examines family mediation programs in Canada by asking: (1) does mediation, in practice, accomplish what makes it attractive to participants and (2) are women's concerns being addressed through these programs. Upon observing the extensive use of mediation as compared to other forms of ADR, the researchers were concerned that policy-makers pressure individuals into choosing mediation as they believe it is the answer to relieving court backlog and reducing the length of time it takes to get a case through the family court system, that mediation replicates the problems of the traditional legal system, and that the lack of program evaluation fails to track whether women who are coming from abusive relationships are participating freely and have equal power to bargain.
The research for this study consisted of a review of the literature in order to identify concerns raised regarding the impact of family mediation on women and interviewing representatives from the four family mediation programs in Canada that are publicly funded.
The research found these common themes: family mediation programs have not been properly evaluated to determine whether women's equality is being protected; mediation is widely seen as a cost-saving option; there are pressures to choose mediation, which takes away from the voluntary nature of mediation; the mediation programs do not give adequate attention to women who have been oppressed socially, legally, and politically--these women tend not to use mediation because of the lack of access to such services in the family courts; mediators do not have the power to require participants to disclose financial information; parties to mediations often make agreements without the ability to obtain legal assistance or advice; there are insufficient standards to ensure accountability of mediators; and evaluation of screening techniques is essential to ensure that women in abusive relationships are not subjected to dangerous situations.
The researchers make the following recommendations as areas that would benefit from research and evaluation: "(i) the impact of family mediation on women's equality interests, in particular on women exiting from violent or abusive relationships; (ii) the impact of funding cutbacks and deficit reduction strategies on family mediation programs, and their resultant ability to protect the rights of women; and (iii) the impact of cutbacks to legal aid on the rights of women using mediation services" (Taken from Executive Summary).
Family Mediation in Canada: Implications for Women's Equality: A Review of the Literature and Analysis of Data from Four Publicly Funded Canadian Mediation Programs
Goundry, Sandra A.; Peters, Yvonne; Currie, Rosalind; Equality Matters! Consulting; National Association of Women and the Law. Mar. 1, 1998http://dsp-psd.pwgsc.gc.ca/Collection/SW21-30-1998E.pdf