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This section provides an introduction to arbitration and discusses when to use arbitration in a family law dispute. It also provides some suggestions about how to find a family law arbitrator.
==Working with "family law mediators" under the ''Family Law Act''== A mediator who qualifies as a "family dispute resolution professional" under the ''[[Family Law Act]]'' must meet the requirements set out in the [http://canlii.ca/t/8rdx Family Law Act Regulation], and section 4 of the regulation says that: <blockquote><tt>(1) Only a mediator who is qualified as a family dispute resolution professional may conduct a mediation in relation to a family law dispute.</tt></blockquote> Lawyers who qualify as ''family law mediators'' meet the training requirements of, and are accredited by, the Law Society of British Columbia. You can find out if a lawyer is a "family law mediator" by looking the lawyer up in the [https://www.lawsociety.bc.ca/lsbc/apps/lkup/mbr-search.cfm Lawyer Directory] on the Law Society's website. The training requirements other professionals must meet to qualify as a "family dispute resolution professional" are set out in section 4(2) of the Family Law Act Regulation. Section 4 of the regulation imposes two extra duties on mediators who are family dispute resolution professionals: they must use written participation agreements; and, they must provide confirmation that they qualify as family dispute resolution professionals. Section 4 also says this: <blockquote><tt>(3) The following practice standards apply to a family dispute resolution professional who wishes to engage in mediation in relation to a family law dispute:</tt></blockquote><blockquote><blockquote><tt>(a) before initiating mediation, he or she must enter into a written agreement to mediate with the parties to the family law dispute;</tt></blockquote></blockquote><blockquote><blockquote><tt>(b) before initiating mediation, he or she must provide written confirmation to the parties to the family law dispute that he or she meets the professional requirements set out in subsection (2).</tt></blockquote></blockquote> ==Arbitration in British ColumbiaIntroduction==
Before the new ''[[Family Law Act]]'' became law in British Columbia, arbitration was rarely used in family law disputes, probably because most lawyers figured that if they have to have somebody make a decision in a case, it might as well be a judge. Arbitration was most often used in the context of labour and construction disputes. In other places, such as Ontario and Alberta, the arbitration of family law disputes is well-established and has been for some time. The ''[[Family Law Act]]'', however, made a number of changes to the law that improved the usefulness of arbitration for family law disputes in British Columbia, and the number of people choosing arbitration over going to court is increasing as a result.
As well, it's often faster to arrange a date for an arbitration hearing than a court hearing. Although short trials of two or three days can usually be booked within eight or ten months, it can take a year or more to get a date for longer trials because the court is so busy. An arbitration hearing can be booked as soon as everyone has the free time in their calendars.
==Working with "family law arbitrators" under the ''Family Law Act''==
An arbitrator who qualifies as a "family dispute resolution professional" under the ''[[Family Law Act]]'' must meet the requirements set out in the [http://canlii.ca/t/8rdx Family Law Act Regulation]. Section 5 of the regulation says that:
<blockquote><tt>(1) Only an arbitrator who is qualified as a family dispute resolution professional may conduct an arbitration in relation to a family law dispute.</tt></blockquote>
Lawyers who qualify as ''family law arbitrators'' meet the training requirements of, and are accredited by, the Law Society of British Columbia. You can find out if a lawyer is a "family law arbitrator" by looking the lawyer up in the [https://www.lawsociety.bc.ca/lsbc/apps/lkup/mbr-search.cfm Lawyer Directory] on the Law Society's website. The training requirements professionals other than lawyers must meet to qualify as "family dispute resolution professionals" are set out in section 5(2)(b) of the Family Law Act Regulation, and include:
#being a member in good standing with specific organizations;
#meeting specific educational and experiential requirements, including at least 10 years' experience in family-related practice;
#taking continuing family dispute resolution training; and,
#carrying professional liability insurance.
As well, people other than lawyers who are "family dispute resolution professionals" may only arbitrate disputes dealing with:
#parenting children, including contact with a child; and,
#child support, but only if
##all children in relation to whom support is sought are under 19 years of age
Section 5 of the regulation imposes two extra duties on arbitrators who are family dispute resolution professionals: they must use written participation agreements; and, they must provide the parties with confirmation that they qualify as family dispute resolution professionals. Section 5(4) says this:
<blockquote><tt>(4) The following practice standards apply to a family dispute resolution professional who wishes to engage in arbitration in relation to a family law dispute:</tt></blockquote>
<blockquote><blockquote><tt>(a) before initiating arbitration, he or she must enter into a written agreement to arbitrate with the parties to the family law dispute;</tt></blockquote></blockquote>
<blockquote><blockquote><tt>(b) before initiating arbitration, he or she must provide written confirmation to the parties to the family law dispute that he or she meets the professional requirements set out in subsection (2).</tt></blockquote></blockquote>
===An outline of the arbitration process===