This paper addresses the use of (non-litigated) mediation as an adjunct to litigation within the court system. The paper surveys:

  • the mediation process (as it was at the time of publication), with a discussion of its advantages and disadvantages compared to litigation;
  • the different mediation programs available (at the time of publication);
  • descriptions of child-protection mediation programs released immediately prior to publication in British Columbia and Nova Scotia; and
  • the empirical effectiveness of mediation programs in Canada, the United States, England, and Wales.

It should be noted that within the context of this paper, “mediation” includes both alternative dispute resolution and other programs which attempt to reduce the difficulties of the parties involved without “resolving” their disputes.