Open main menu

Clicklaw Wikibooks β

Changes

Resolving Family Law Problems out of Court

252 bytes added, 17:34, 27 March 2020
no edit summary
Arbitration is a lot more formal than mediation because the arbitration process results in a decision that is imposed on the parties, rather than an agreement which they reach themselves. Although the process includes a lot of flexibility and different procedural options, in general, in arbitration each party presents their evidence and their arguments, and tries to persuade the arbitrator that their position is the right one. Mediation, on the other hand, is often more like a conversation, with no formal rules of procedure and no evidence, apart from helpful things like financial statements.
The arbitration of family law problems is governed by sections 19.1 to 19.22 of the ''[[Family Law Act]]''. It is ''not'' governed by the provincial ''[http://canlii.ca/t/84gc Arbitration Act]''; that legislation mainly covers corporate and commercial disputes. It Arbitration is, like mediation and collaborative negotiation, one of the dispute resolution processes that the court can refer people to under section 224 of the ''Family Law Act''.
Some lawyers also work as arbitrators. Lawyers who work as arbitrators are called ''family law arbitrators''. They have to have practised as a lawyer for at least ten years and have additional training in arbitration, family violence, and the power dynamics involved in dispute resolution processes. Lawyers who are family law arbitrators <span class="noglossary">will</span> usually advertise that they provide arbitration services. More information about the training requirements for family law arbitrators is set out in the Law Society's [https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/code-of-professional-conduct-for-british-columbia/appendix-b-%E2%80%93-family-law-mediation,-arbitration-and/ Code of Professional Conduct] in Appendix B, and in the Law Society's [https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/law-society-rules/part-3-%E2%80%93-protection-of-the-public/#d3 Rules] at Part 3, Division 3.
===Parenting coordination===
Parenting coordination is a hybrid dispute resolution process that also relies on both mediation and arbitration, and . It is only used to deal with problems about the care of children after a final parenting plan has been put in place under made by a court order , an arbitrator's award or a separation agreement. Parenting coordination is a child-focused process in which a neutral <span class="noglossary">third party</span>, a ''parenting coordinator'', helps parents implement the terms of their parenting plan. Parenting coordination is really only useful for parents who always seem to find themselves in conflict about parenting issues, despite their order , award or agreement. If you and your ex don't argue about your parenting plan a lot, you don't need parenting coordination.
In the parenting coordination process, the parents hire a parenting coordinator and sign a parenting coordination agreement that outlines their rights and responsibilities to each other and the scope of the parenting coordinator's services and authority. When a problem crops implementing the parenting plan comes up, one of the parents <span class="noglossary">will</span> contact the parenting coordinator and the parenting coordinator <span class="noglossary">will</span> get to work. First, the parenting coordinator <span class="noglossary">will</span> try to work out a solution by finding consensus, like a mediator. However, if the parents can't be helped to reach an agreementresolving the problem, the parenting coordinator <span class="noglossary">will</span> impose make a resolution to decision resolving the dispute, like an arbitrator.
Parenting coordinators are family law lawyers and mental health professionals who are hired on a long-term basis, usually for lengthy terms of between six to 24 months. Lawyers who work as parenting coordinators have to have practised as a lawyer for ten years and have additional training in parenting coordination, arbitration, mediation, family violence, and the power dynamics involved in dispute resolution processes. Lawyers who are parenting coordinators <span class="noglossary">will</span> usually advertise that they also provide those services. More information about the training requirements for parenting coordinators is set out in the [https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/law-society-rules/ ''Law Society Rules''], Part 3, Division 4. More information about parenting coordination is available at the website of the [http://www.bcparentingcoordinators.com/ BC Parenting Coordinators Roster Society].
More information about the training requirements for parenting coordinators is set out in the [https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/law-society-rules/ ''Law Society Rules''], Part 3, Division 4. More information about parenting coordination is available at the website of the [http://www.bcparentingcoordinators.com/ BC Parenting Coordinators Roster Society]. To find out more about parenting coordinators, see [[How Do I Hire a Parenting Coordinator?]]. It's located in the Helpful Guides & Common Questions part of this resource, within in the section, Alternatives to Court.
==Free and lower cost options==