Family mediation and arbitration is an unregulated field of practice in Ontario. Although the Ontario Association of Family Mediation (OAFM) and Family Mediation Canada (FMC) have established high standards of practice, it is not necessary to obtain accreditation with either organization in order to offer family mediation services.
The same applies to family arbitrators and parenting coordinators. Membership in the Family Dispute Resolution Institute of Ontario, which offers designations for arbitrators and PCs, is optional.
There are, however, a few training requirements that professionals must meet in order to be able to deliver enforceable arbitration awards. These requirements are set out on the Ministry of the Attorney General website. They are updated from time to time, making it important for arbitrators to stay current with these requirements.
At a minimum, arbitrators must have taken at least 14 hours of training in screening for power imbalances and family violence.
Arbitrators who are not a member of the Law Society of Ontario (or another Canadian bar) must complete 30 hours of training about Ontario family law.
And all family arbitrators must update their training with 10 hours of ongoing training over any two-year period, with five of those hours related to domestic violence or power imbalance issues.
Arbitrators (including parenting coordinators) who do not meet these requirements are in breach of the requirements of the Regulation under the Arbitration Act that governs family arbitrations, and their awards will likely not be enforceable.
*excerpted and adapted from our 40-Hour Arbitration Training for Family Arbitrators and Parenting Coordinators.
