Terminology

Terminology

One of the key principles informing good practice with culturally and linguistically diverse communities is to acknowledge diversity within and across-cultural groups, and to tailor services appropriately (Page, Whitting, & Mclean, 2007). The concepts and language we use to talk about cultural diversity can tend to work against that very objective. The CALD acronym referring to cultural and linguistic diversity tends to homogenise ethnic minority communities and to erase that diversity. However, as this is the term currently used in Australia, and it has informed policy and data gathering frameworks, I will continue to use it in this paper (Commonwealth Interdepartmental Committee on Multicultural Affairs, 2001; Australian Bureau of Statistics [ABS], 1999). The cultural groups most often disadvantaged and marginalised from mainstream services are those whose English language proficiency is limited, and whose cultural norms, values, beliefs and practices are collectivistic in orientation (Sawrikar & Katz, 2008; Luckett, Blignault, & Eisenbruch, 2006). It is these cultural groups who are the main focus of this discussion.

Understanding CALD access to family dispute resolution and family mediation

While all federal family support services are required to offer accessible, equitable and responsive programs, it appears that CALD families are not using family dispute resolution at a rate proportionate to their presence in the Australian community. The 2006 Australian census shows that 22% of the population were not born in Australia, 15% speak a language other than English at home and 14% were born in a country where English was not the main language spoken (ABS, 2007).

The Family Support Program currently calculates CALD data according to the proportion of clients born in a country where English is not the dominant language. Table 1 illustrates the proportion of CALD clients using different Family Support Program services. In 2008–09, CALD clients comprised 10% of non-FRC FDR service clients, 8% of FRC clients, and 3% of Regional FDR clients. Eight percent of all FDR clients, and of all FSP service clients, were of CALD background. This latter figure is a significant increase from 2002–03, when only 2.4% of all FSP clients' first language was not English. (Urbis Keys Young, 2004, p. 18). The requirement to attend FDR after July 2008 does not seem to have had any significant effect on the patterns of CALD use of FDR (FaHSCIA, 2010a). While it is important to understand how specific cultural and ethnic groups use family dispute resolution, the available data do not reveal this. Although Family Support Programs did collect data on clients' country of birth and ancestry, these data were not publicly accessible and are now no longer collected.¹

Source: Australian Government, Clients Seen: Service Type 01/07/2006 to 30/06/2007; 01/07/2007 to 30/06/2008; 01/07/2008 to 30/06/2009. Reports generated by FSP Online at 1 April 2010 (FaHCSIA, 2010a)

The under-representation of CALD clients in family dispute resolution continues a general pattern of the presence of CALD families in family relationship and family mediation services. A 1995 evaluation of Commonwealth-funded marriage and relationship counselling services, when the proportion of Australians born in non-English speaking (NES) countries was 13%, revealed that couples in cross-cultural relationships and couples who were both from an NES background were a relatively low percentage (4% and 10% respectively) of total client caseload (Stoyles, 1995). Recent reviews of FSP services indicated significant gaps in service provision to clients from CALD backgrounds, barriers limiting their access to the services and lack of confidence by staff to engage with CALD clients (Colmar Brunton Social Research, 2004; Kaspiew et al., 2009; Urbis Keys Young, 2004). A review of family dispute resolution in Legal Aid Commissions nationally reached similar conclusions (KPMG, 2008). Half of FRC staff surveyed for the evaluation of the 2006 family law reforms believed there were language barriers to using their services, and nearly two thirds thought that cultural barriers might limit the use of the FRC (Kaspiew et al., 2009).

Research about earlier Australian family mediation programs presents a slightly different picture. In the mid-1990s evaluations of voluntary community and family court mediation services in Sydney and Melbourne indicated that between 12 - 15% of clients were born in NES countries (Bordow & Gibson, 1994; Love, Moloney, & Fisher, 1995; Moloney, Fisher, Love, & Ferguson, 1996). While these figures reflect the proportion of CALD people then in the Australian community, the CALD individuals attending mediation in these studies were not necessarily representative of the broader CALD population. In one study only 9% of clients were women from NES backgrounds, less than 2% of participants did not speak English at home and only one person required an interpreter for the mediation session (Love et al., 1995). These studies of family mediation (and studies of access to marriage counselling) reveal that the CALD couples who used these services were more likely to be from higher educational, occupational and socio-economic backgrounds, as were other non-CALD users (Love et al., 1995; Moloney et al., 1996; Stoyles, 1995).

Increasing CALD access to FDR

Principles for engaging culturally diverse communities

A review of the Family Relationship Services Program in 2004² observed that "given the distinctive issues and barriers that may affect people and families of non-English speaking background, it was widely accepted that it is not sufficient simply to try to make existing services more accessible to these different client groups" (Urbis Keys Young, 2004, p. 59). The discussion above has identified a number of factors which should be considered when seeking to provide FDR services to CALD clients. These include the need to:

• acknowledge difference within and between CALD communities;
• acknowledge the importance of religious and cultural values concerning family, marriage and parenting, and the shame associated with separation and with domestic violence;
• identify the influence of structural factors on the migration and settlement experience and the impact of this experience on couple and family relationships;
• recognise the important gate keeping role played by community based services assisting CALD and faith communities;
• work in partnership with CALD communities and services to develop the most appropriate ways to promote and provide FDR services to their community members;
• communicate more effectively with CALD communities and service providers about the nature, value and limits of mainstream family mediation and its difference to counselling and other relationship and dispute resolution services;
• supplement existing community dispute resolution processes; and
• ensure the development of culturally competent FDR services and professionals.

Organisations that successfully engage and appropriately serve CALD clients may be described as culturally competent, although different terms are preferred in other contexts, such as culturally effective (Kelly, 2008; National Alternative Dispute Resolution Council, 2006), or culturally responsive (Armstrong, 2010; Department of Immigration and Multicultural Affairs, 1998). A reputation for culturally competent services is likely to attract CALD users to it. So too is a reputation for quality services which result in safe and appropriate outcomes for families, particularly among CALD service providers who refer their clients to specialised services. A culturally competent approach to providing mainstream family dispute resolution services to clients from culturally diverse backgrounds is characterised by three features:

• It is holistic: It is holistic because each element of the service system—systemic, organisational, professional and individual—takes responsibility for developing and demonstrating cultural competence in their service provision (National Health and Medical Research Council [NHMRC], 2005). Holistic mainstream FDR service provision displays respect for existing community dispute resolution processes in adapting their services for CALD clients (Frederico et al., 1998). A holistic approach does not over-emphasise or under-emphasise culture but sees it as an important dimension of individual and community identity, intersecting with other factors such as class, gender and religion.
• It is premised on reciprocal relationships and responsibilities: Culturally competent FDR services foster relationships with gatekeepers to CALD communities to engage in reciprocal learning and to develop mutual referral pathways. While reciprocity is an important principle, this must be tempered by an acknowledgement that CALD communities are minority communities. Mainstream FDR services should acknowledge and supplement existing community dispute resolution processes; build community capacity to utilise mainstream services; and ensure that community engagement is supported by adequate and sustainable funding and realistic timeframes (Armstrong, 2010; NHMRC, 2005).
• It is reflexive in its practice: Because a culturally responsive model of family dispute resolution is neither culturally specific nor culturally exclusive, it requires that mainstream organisations and professionals engage in an ongoing process of conscious and critical reflection and learning, or reflexivity, about the relevance of cultures to their professional practice (Armstrong, 2010; Bagshaw, 2008, 2005; Frederico et al., 1998). This will foster professional capacity to respond flexibly to parties' wholeness and to their specificity, and to develop a repertoire of culturally responsive strategies in their FDR practice.

Good practice engaging culturally diverse communities

The available evidence about successful engagement with culturally diverse communities often concerns parenting services, and only some of this literature draws on Australian experience (Sawrikar & Katz, 2008). These strategies may not necessarily be transferable. The context of separation for CALD families is overlaid with complex socio-cultural, religious and gender dynamics. Family dispute resolution services wishing to attract a greater proportion of CALD clients need to work with these dynamics, and to recognise that there may be more barriers to using a service perceived as facilitating separation than a service that more benignly supports parenting. For this reason, successful programs engaging CALD communities in campaigns about domestic violence may also provide useful guidance for enhancing the cultural competence of FDR services (Partnerships against Domestic Violence, 2000). The innovative strategies of the FSP Men and Family Relationships program in successfully engaging a representative proportion of men from culturally diverse backgrounds (and also a large proportion of Indigenous men) offer a model of engaging with CALD communities that FDR services could adapt (FaHSCIA, 2010a; O'Brien & Rich, 2002). The success of this program is particularly salutary, as engaging men from ethnic minorities in parenting and relationship services is widely regarded as very challenging (Sawrikar & Katz, 2008; Page et al., 2007).

The following discussion draws on a range of sources to identify good practice in engaging CALD families in mainstream services. These practices, and the principles informing them, may also encourage separated parents from CALD backgrounds to use and to effectively participate in mainstream FDR. Services providing FDR which wish to attract more CALD clients should:

• implement a policy and monitoring framework to engage CALD families;
• respond to CALD communities' needs and contexts;
• engage CALD service providers and community leaders;
• develop partnerships and contribute to building community capacity; and
• foster a culturally competent workforce and processes that facilitate the effective participation of CALD clients.

Implementing a policy and monitoring framework to engage CALD families

For more than a decade, researchers have been calling for a national research strategy on the family dispute resolution needs of CALD communities (Dimopoulos, 1998). This research would inform policy-makers and service providers as well as identifying or developing culturally responsive models of family dispute resolution. It would also guide educational and information strategies for CALD consumers about the nature, benefits and appropriate use of family dispute resolution. While education must also occur at other levels, a more systemic approach may be needed with greater resourcing to mount an effective national campaign for CALD communities to dispel misunderstandings about mediation. At this level, it may also be possible to refine a "whole of government" service approach for CALD clients. For example, the proportion of clients accessing Centrelink social security payments who are born overseas is 20%, half of whom require interpreter assistance (Centrelink, 2009).³ Centrelink has an extensive network of Multicultural Service Officers whose role is to assist individuals and facilitate relationships between CALD communities and government agencies. There may be opportunities for Centrelink to refer separated parents in receipt of its payments to other government services for separated parents, including to family dispute resolution.

At the organisational level, successful engagement with CALD families is guided by clear goals implemented by organisations that have commitment and capacity to sustain this engagement (Bowen, 2008; Bridging Refugee Youth and Children's Services [BRYCS], 2002; National Centre for Cultural Competence [NCCC], n. d.). A cultural self-assessment will enhance awareness of the organisation's "own cultures and communities, assumptions, and biases and identify actions to reduce such barriers" (Ethnic Communities' Council of Victoria [ECCV], 2006, p. 2; Olavarria, Beaulac, Bélanger, Young, & Aubry, 2005).

Strong leadership within organisations is required to establish a rationale for and to promote self-assessment in the broader context of enhancing access and equity for CALD communities. Self-assessment also requires structured support and dedicated resources (Armstrong, 2010; Butt, 2006; NHMRC 2005; Goode, Jones, & Mason, 2002). An assessment should result in the inclusion of cultural competence goals into mission statements, policies, procedures and practices (Ethnic Disability Advocacy Centre [EDAC], 2005). It should also identify responsibility for implementing targets and benchmarks for monitoring and evaluating service delivery (Butt, 2006; Page et al., 2007).

Responding to communities' needs and contexts

The author is unaware of there being any consultation with CALD communities prior to the introduction of mainstream FDR services. Mediation is widely recognised as reflecting dominant cultural norms and some CALD communities have existing processes for resolving disputes. However, identification of the need for and likely use of FDR services by specific CALD communities should still occur on a local level. It is important that FDR services not assume that all CALD clients will benefit from using FDR, and develop local strategies for talking about FDR and of making their services more culturally responsive.

Understanding communities' service needs requires a sound appreciation of the diversity of local communities and the nature and relevance of cultural practices for specific communities, as well as their likely need for post-separation relationship services. Demographic data about country of birth, religious affiliation, language spoken at home, English proficiency, recency of arrival, rate of relationship breakdown and socio-economic wellbeing can provide a cultural, linguistic, religious and socio-economic profile of local communities (.id demographers, 2006). These data also establish a standard against which to measure the representation of CALD communities in the client base, and enable more informed planning, implementation and evaluation of services (Armstrong, 2010; EDAC, 2003).

Research within CALD and refugee communities and services about domestic violence provides some guidance about appropriate information strategies. This research has emphasised the importance of framing positive messages reinforcing community values such as family harmony and the effect of violence on children and of tapping into cultural and religious values, structures and practices that discourage violence (Bonar & Roberts, 2006; Partnerships against Domestic Violence, 2000). These approaches may be adapted by FDR providers in their information strategies and in FDR processes with CALD clients, particularly in light of a common desire by all parents for "a better future for all children" (Family Court of Australia [FCoA], 2008, p. 7).

Engaging CALD service providers and community leaders

The most valuable sources of information about CALD communities are credible ethno-specific, multicultural and faith-based service providers to these communities. Mainstream organisations wishing to provide appropriate services to CALD communities, and to understand how best to do this, would benefit from working with these community gatekeepers (Sims et al., 2008; Barrett, 2008; LSCSA, 2006; EDAC, 2003; BRYCS, 2002). Mainstream FDR providers should approach and consult a broad spectrum of organisations to "find out what the issues are and don't assume anything about that community" (Manager, faith-based women's service: Armstrong, 2010, p. 61).

In a similar fashion, FDR providers need to develop links with community and religious leaders and elders. While community leaders are part of the "dominant sub-culture of a community" and their intervention may "reproduce existing power structures and inequalities" (Frederico et al., 1998, p. 28) they are very influential and will often be consulted when family resources cannot resolve problems, particularly at separation. As a lawyer from a faith-based service commented, "religious leaders play such an important role at times of family disputes, even for people who have a very low level of religiosity" (Armstrong, 2010, p. 62).

Developing links with services and leaders creates opportunities to develop personal relationships with key individuals in CALD communities, and through these, with potential clients. A review of successful mainstream service provision to hard-to-reach parents in Britain found that personal relationships were a major factor influencing parent engagement and inclusion (Katz et al., 2007). There are other potential benefits of developing relationships between mainstream and CALD services, including:

• increasing FDR service providers' knowledge of community networks, social structures and key relationships. This leads to better understanding of the heterogeneity of communities, so increasing FDR services' cultural competence (NHMRC, 2005);
• understanding the barriers inhibiting access by specific CALD communities to FDR services and developing effective ways to address some of these barriers (Armstrong, 2010);
• fostering trust in FDR provider capacity to work sensitively and effectively with CALD families in crisis, and establishing mutual referral protocols between organisations (Armstrong, 2010; Katz et al., 2007; Porteus, 2007);
• improving mainstream program delivery and integration by drawing upon the skills and expertise of culturally specific and multicultural services (Sims et al., 2008; EDAC, 2005, 2003); and
• providing information that targets word-of-mouth networks, which are often the principal source of information for many ethnic communities (Home Office, 2004, cited in Butt, 2006; O'Brien & Rich, 2002).

Developing partnerships and contributing to building community capacity

A key objective of engaging with CALD communities' services and leaders is to develop mutually beneficial partnerships to better serve these communities. Partnerships supplement mainstream agencies with the skills, knowledge and networks of community agencies, instead of trying (unsuccessfully) to replicate them. Ultimately a partnership approach should build community capacity to make effective choices and to facilitate and strengthen the development of social support networks within local communities and with existing outside resources (Armstrong, 2010; NHMRC, 2005; Page et al., 2007; Sims et al., 2008). The evaluation of the FSP Men's Services Program's which successfully targeted CALD men observed that:

Sometimes an organisation will simply have to accept that they are lacking the necessary infrastructure, staff, or skills, to really engage with the … ethnic target group, no matter how strong their desire to do so may be. The most cost effective option in this case is to consider some form of partnership with an organisation which does have expertise in working with the particular cultural group. (O'Brien & Rich, 2002, p. 65)

Strategies that have worked, or have been suggested by CALD community consultations, include:

• supplementing existing community services, including community dispute resolution and traditional mediation processes (Armstrong, 2010);
• offering outreach services, or FDR services in CALD community services' premises (Armstrong, 2010);
• providing community education about family separation, family dispute resolution, impact of separation on children, domestic violence, legal and support structures and consulting about how best to address these issues (Armstrong, 2010; Barrett, 2008; LSCSA, 2006);
• adopting a "multi-sectoral or multi-tiered collaborative approach" to spread the cost and draw on wide expertise, and to "avoid consultation fatigue" by communities and by agencies (FCoA, 2008, p. 44);
• developing communication and information strategies that are "flexible and multi-faceted" and customised to the cultural, linguistic and educational needs and backgrounds of the participants (Dimopoulos, 1998; LSCSA, 2006; O'Brien & Rich, 2002), for example, offering gender-specific programs about parenting, or to modify such programs to reflect clientele languages and literacy levels (Armstrong, 2010; O'Brien & Rich, 2002; WLS, 2007); and
• adapting existing mainstream programs, such as parenting programs, for specific communities to reflect cultural parenting practices (Armstrong, 2010), as this may create "back door opportunities" to engage families so that they become familiar with and later utilise the service (Barrett, 2008).

Fostering a culturally competent workforce and processes that facilitate effective participation in FDR by CALD clients

Some CALD communities indicated they would be prepared to use family mediation if they had confidence in the cultural sensitivity of the services and mediators. Organisations that recruit, retain and develop a culturally competent workforce successfully engage CALD families (Butt, 2006). Culturally competent family service professionals are aware of the influence of their own cultural contexts and "are aware of differences without making people feel different" (Sawrikar & Katz, 2008, p. 13). While training in cross-cultural competence is usually recommended, and is necessary, it is not sufficient. Cultural competence develops over time and is a product of "knowledge, orientation, self awareness, critical self-reflection, humility, experience, sensitivity and skill" (Armstrong, 2010, p. 98).

Cultural competence training which focuses on awareness of the concept of culture as it relates to the self and others is preferred (Sims et al., 2008; Butt, 2006; EDAC, 2005; BRYC, 2002). A professional's awareness of their own cultural norms and the cultural norms of their professional practice is considered the "most important component in the knowledge base of culturally competent practice." (O'Hagan, 2001, p.235; see also Bhui, Warfa, Edonya, McKenzie, & Bhugra, 2007; Tervalon & Murray-Garcia, 1998). The cultural competence dialogue method which facilitates understanding of cultural values and conflicts, emphasises communication and reflection on cultural expectations rather than didactic knowledge, would be particularly suited to family dispute resolution professionals (BRYCS, 2002; Sims et al., 2008).

Practitioner awareness of their personal and professional cultural norms, and a capacity to critically reflect on these in a sustained and structured way, is vital to appropriately responding to the cultural contexts relevant to FDR (Armstrong, 2010; Barrett, 2008). Some commentators have suggested that a model of cultural reflexivity captures this goal (Armstrong, 2010; Bagshaw, 2006; Frederico et al., 1998). Reflexivity extends the concept of reflective practice and requires "thoughtful self-aware analysis" and "critical self-reflection of the ways the [professional's] social background, assumptions, positioning and behaviour" (Finlay & Gough, 2003 p. ix) influence their professional practice (Schon, 1991). Most FDR providers will already have in place processes for regular debriefing, supervision and professional development, and critical reflection about the cultural dynamics of FDR practice could be developed in this context (Armstrong, 2010; Polak 2009).

Successful programs with CALD families also hire bilingual or bicultural staff. This policy sends positive messages that the organisation values cultural diversity—although there may be practical limitations to this if the pool of qualified bicultural staff is limited (Butt, 2006; Sims et al., 2008). Employing staff from the same cultural background as target groups can legitimise a service, and assure community members that the service "will understand my background and issues, where I'm coming from" (O'Brien & Rich, 2002, p.33).

It should not be assumed, however, that hiring bicultural workers will ensure culturally competent staff or that these staff will have the main responsibility for dealing with CALD clients. Bicultural staff bring valuable insights about a service user's values and practices and about the effective delivery of support, but they are not cultural experts (Butt, 2006). While their contribution is often undervalued (Butt, 2006; FCoA National Cultural Diversity Committee, 2002), there are risks if "bicultural workers buy into their cultural belief system, and haven't explored and dissected that for themselves" (Manager, children's service: Armstrong, 2010, p. 69). While some clients might "prefer to find someone from the same culture, [because] that's easy to build rapport and trust" (Family support worker, multicultural service: Armstrong, 2010, p. 69), it should not be assumed that this preference will be universal, especially where there are concerns about confidentiality (Armstrong, 2010; Butt, 2006; Chand & Thoburn, 2005). The general view is that the cultural background of the staff is less important because "if you're good, you get good results and families are happy with you, then they will come" (Family support worker, multicultural service: Armstrong, 2010, p. 69).

Employing bicultural staff is an important strategy for promoting the effective participation of CALD clients in FDR processes, but a range of other strategies have been suggested that may be adapted to facilitate CALD access to, and participation, in mainstream FDR processes. These include:

• identifying a dedicated worker(s) to liaise with and advocate for parents from culturally diverse backgrounds (Armstrong, 2010; Page et al., 2007);
• ensuring that front-line staff have the skill and capacity to sensitively explore the relevance of culture to FDR processes, particularly during intake and assessment (Armstrong, 2010; Butt, 2006; Page et al., 2007); and
• developing protocols to access and include support personnel, cultural advisors and extended family, during different stages of FDR (Armstrong, 2010; KPMG, 2008).

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