Settlement Facilitation

This describes the settlement facilitation process that is used by the Child and Family Services Review Board to resolve complaints made under sections 68 and 68.1 of the Child and Family Services Act.

Under these sections, a person may complain to the Board about a service sought or received from a children’s aid society.  

Settlement facilitation is a voluntary process used to assist the applicant and the children’s aid society in resolving their dispute.  A Board member will act as a facilitator to assist these parties to arrive at a mutually agreed upon outcome.

For a report on the July 2008 implementation of the settlement facilitation program, including statistics from the first 8 months, please see the What's New section of the website.

When will settlement facilitation take place?

After the Board decides that an application is eligible for review, the children’s aid society will respond to the complaint through a summary reply. 

The Board will then decide if the application will proceed to an oral hearing. 

Prior to holding an oral hearing, the Board is required to conduct a pre-hearing. 

It is at the pre-hearing that the Board will give the parties the opportunity to participate in settlement facilitation.

What is the process at the pre-hearing stage?

The pre-hearing will be scheduled for one full day.  The facilitator will provide a detailed explanation of the settlement facilitation process and will then ask the parties if they are interested in participating in this process.

A) If the parties agree to particpate, the following will occur:

Step 1

• The parties will be asked to sign a participation agreement acknowledging that they are voluntarily entering into settlement facilitation.

• Each party will have an opportunity to meet privately with the facilitator to identify and discuss their interests and needs.

• Parties may be brought together to discuss their interests and needs with the facilitator present in the hope of finding a resolution.

• At any time during the settlement facilitation either party may choose to end their participation in these discussions and ask to proceed to an oral hearing. 

Step 2

• If the parties reach an agreement, the terms will be outlined in a Settlement Agreement, signed by the parties.  A copy will be provided to both parties at the conclusion of the pre-hearing. 

Step 3

The Board will keep its file open to follow-up on the implementation of the agreement.  At this stage there are two possible outcomes:

• The terms of the agreement have been implemented by the date specified in the Settlement Agreement.  The Board will then conclude that the application is settled and the Board file will be closed.

• One party alleges that the terms of the agreement were not implemented by the specified date in the Settlement Agreement.  In this case, the facilitator will review the information provided by both parties.  The facilitator will then decide if there is compliance with the agreement or if there is a need to proceed to an oral hearing.

B) If the parties do not agree to participate or if the parties do not reach an agreement after settlement discussions, the facilitator will proceed as follows:

 • The facilitator will determine with the parties the issues that will be argued at the hearing, witness lists, potential dates, length of an oral hearing, and the type of evidence that will be used at the hearing.    

• The facilitator will include this information in a summary of the pre-hearing called a Pre-Hearing Report.

What are the benefits of Settlement Facilitation?

Settlement facilitation may include the following benefits:

• The parties are actively engaged in the resolution of the complaint with the assistance of a facilitator. 

• The parties can be more creative while considering different options to resolve their concerns.

• The application can be resolved in a timely manner by allowing the parties to resolve the complaint at the pre-hearing stage.
  
• The parties engage in a less formal process that creates a more positive environment. 

• The relationship and communication between the parties may be improved on a long term basis.