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Resolving Family Law Problems out of Court

29 bytes added, 21:47, 25 August 2021
The fine print under the Family Law Act
Under the ''[http://canlii.ca/t/84jt Legal Professions Act]'', a ''lawyer'' is defined as someone who is as a member of the [https://www.lawsociety.bc.ca Law Society of British Columbia] or a member of another Canadian law society. That's easy enough. And if you want the details about who the members of the Law Society are, you can get those from the Law Society's [https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/law-society-rules/ Rules].
The term ''mediator'' isn't defined in the ''Family Law Act'', but section 1 does say that a person who works as a mediator must "meet the requirements set out in the regulations" if they are going to qualify as a "family dispute resolution professional" under the act. Section 4 of the Family Law Act Regulation provides the requirements. A "mediator" is someone who is a member of the Law Society of British Columbia and is accredited by the Law Society as a family law mediator, or . It also includes someone who:
#is a member of Family Mediation Canada or a member of the Mediate BC Family Roster; or,
#meets a list of training requirements set out in section 4(2)(d) and maintains professional liability insurance.
The term ''arbitrator'' is also undefined in the ''Family Law Act''. Section 1 says that a person who works as an arbitrator must "meet the requirements set out in the regulations" if they are going to qualify as a "family dispute resolution professional." Section 5 of the Family Law Act Regulation provides the requirements. An "arbitrator" is someone who is a member of the Law Society of British Columbia and is accredited by the Law Society as a family law arbitrator, or . It also includes someone who is a member of:
#the College of Psychologists of British Columbia, or#the British Columbia College of Social Workers, #maintains professional liability insurance; and, and #meets a list of training requirements set out in section 5(2)(b).
Although parenting coordinators, mediators and arbitrators are required to provide "written confirmation" that they meet the requirements set out in the [http://canlii.ca/t/8rdx Family Law Act Regulation]to qualify as a "family dispute resolution professional," this is something you may want to investigate for yourself, before you hire anyone as your parenting coordinator, mediator or arbitrator. If it turns out that your family dispute resolution professional doesn't qualify as a "family dispute resolution professional" under the act and the regulations, you will ''not'' be able to take advantage of section 198(5) to claim a delay in the running of the time limits!