Ontario parenting coordinators (PCs) and family arbitrators want to ensure that their process agreements meet the requirements of the Arbitration Act, the Regulation under it that governs family law adjudication and the Family Law Act. How can they do that?
Although not required by Regulation, it is recommended that anyone who is providing private family law adjudication be trained in family arbitration law and practice. That training will help en
sure that professionals providing this service are operating under agreements, and following procedures, that meet the requirements of the law.
Here are some steps family arbitrators can take to ensure they are legally compliant:
- Ensure parties understand and properly complete all parts of the Arbitration or Parenting Coordination Informed choice is critical because all forms of private family law adjudication in Ontario are voluntary. From the information made available to the public, to the content of their intake and screening meetings, to the content of their process agreements— family law adjudicators have, we suggest, a high threshold of responsibility to their clients to ensure their process is properly constituted. Although most PC and Arbitration agreements are in template form (see our templates on our website here) important parts must be negotiated between the parties. Arbitrators should take the time their clients need to get it right from the start, and this usually means not charging their clients for this service.
- Ensure each has independent legal advice (ILA). ILA is required by law for enforceable Arbitration agreements. For Parenting Coordination (and other forms of ‘secondary arbitration’) it is optional but recommended. There are significant legal consequences to entering into a PC agreement.
- Ensure proper screening protocols have been The Arbitration Act Regulation sets out the requirements for screening. Anyone providing mediation-arbitration or parenting coordination services should, before the process agreement is signed by the parties, meet each of them in confidence to screen for power imbalances including family violence. The purpose of these protocols is to ensure as much as can be done that private adjudication is appropriate for the individuals and their family.
- Ensure the Arbitrator’s Certificate is completed before any adjudication takes place.
For more on best practices in family arbitration, register for our 40-hour training in Arbitration Law and Procedure for Family Arbitrators and Parenting Coordinators.
