Adoption Assistance Mediations 2022 and 2023
Here are some figures on mediation from the always helpful Elizabeth Foster, Administrator with the Bureau of Hearings at the Ohio Department of Job and Family Services (ODJFS). Elizabeth is a consummate professional, who has put up with my shenanigans for decades.
Note: There was an additional case in which an agreement was reached prior to the scheduled mediation with the help of the mediator. As of August 1, there also were 2 mediations pending.
I would like to hear from you about your experiences with mediation. On the basis of my own involvement, I see mediation as a useful option for adoptive families. If the agency participates in good faith, mediation may be the first opportunity adoptive parents have to actually participate in the kind of negotiation envisioned in federal and state law. The availability of mediation may reinforce the expectation among county agencies that negotiation of adoption assistance payments must take place.
Mediation, of course, has limitations. My impression is that most agencies do engage in mediation and that parents probably will be offered a higher adoption assistance payment than originally proposed by the county. Although an apparent minority, some agencies may choose intransigence, however, and make less than a good faith effort to reach an agreement, or refuse to participate altogether. Mediators do not have the authority to impose adoption assistance agreements on the parties.
Because the purpose of mediation is to achieve an agreement between the parents and agency on the amount of monthly adoption assistance payment, the procedure encourages compromise. That being the case, adoptive parents might consider the following.
When proposing an adoption assistance payment start higher than the final payment amount you believe would be sufficient, given your child’s needs and your family circumstances.
The agency will usually propose a smaller adoption assistance payment than its representatives will ultimately agree to.
The payment amount you initially propose might depend on the existing gap between the agency’s offer and the amount you believe that you need.
This pattern of negotiation might seem distasteful, when you are primarily concerned with providing a family for your adopted child. Amid talk of costs, services and working fewer hours outside the home, there is nothing wrong with reminding the participants in the mediation of the human dimension and what is at stake for child. Negotiating an adoption assistance payment is an unpleasant experience to say the least, but an essential one. It doesn’t hurt to say so.
Once again, I would suggest trying out mediation before requesting a hearing. See “Mediation is a Better Option . . .” The hearing option will still be available if the mediation fails.