Who is a Family Dispute Resolution Professional in BC?

A Family Dispute Resolution Professional under the BC Family Law Act is a person who is authorized by the Act to help family members resolve or settle their family law disputes outside of Court. These people include:

1. a family justice counsellor appointed by the government;
2. a lawyer assisting a party with their family law dispute;
3. a certified mediator;
4. a parenting coordinator; or
5. an arbitrator.

Family law litigation should absolutely be the last resort in any family law case because conflict does more damage than it resolves. And by nature, lawyers, judges or any other healthy human would rather see people find resolutions rather than engage in conflict.

Family law dispute resolution lawyers at YLaw will be happy to refer you to the right mediators, lawyers, parenting coordinators or arbitrators in British Columbia. Get in touch for more specific guidance and information regarding your unique case and what it requires. 

Let’s look at why Family Dispute Resolution professionals exist and what they can do for you:

What Does a Family Dispute Resolution Professional Do?

A family dispute resolution professional’s job is to assist parties to a family law dispute. The intention is to do everything that can be done to prevent further conflict. The Family Law Act more comprehensively states the responsibilities and purpose of appointing family dispute resolution professionals:

• to ensure that parties to a family law dispute are informed of the various methods available to resolve the dispute;
• to encourage parties to a family law dispute to resolve the dispute through agreements and appropriate family dispute resolution before making an application to a court;
• to encourage parents and guardians to
  • resolve conflict other than through court intervention, and
  • create parenting arrangements and arrangements respecting contact with a child that is in the best interests of the child.

Different Types of Family Law Dispute Resolution Professionals

Let’s briefly look at the different types of these professionals and what each of them can do:

Family Justice Counsellors

Family justice counsellors are appointed by the government and mostly work out of the BC Provincial Court. Their tasks are to help parents with agreements relating to:

• Guardianship;
• Parenting time;
• Parental responsibilities or making decisions for children; and
• Contact with a child.

Another very important role of family justice counsellors is to conduct and complete s.211 reports or custody and access reports. Family justice counsellors are often used for this purpose when parties cannot afford a private s.211 report with a registered psychologist. Family justice counsellors have a big waiting list for completing s.211 reports due to the volume of inquiries.

Family justice counsellors do not generally help with property division, debt division or support issues. Sometimes, they will help to mediate these issues if both parents request it or if the court allows them to. But their main role is to help with the care and control of children. 

Mediators

Certified family law mediators are also considered family dispute resolution professionals. Note that the mediator will need to be certified under the regulations and is not just any mediator. Mediators can do the following:

• Mediate parenting issues;
• Mediate property division issues;
• Mediate debt division issues;
• Mediate spousal support issues;
• Mediate child support issues; and
• Any other family law matters except granting divorce (this can only be done through the courts).

Certified mediators are usually very senior family lawyers or retired judges. These professionals are very effective at what they do and it is almost always worth it to go to them and see if you can resolve your case prior to having to go to court.

For more information on family law mediators, click here.

Parenting Coordinators

Parenting coordinators are often very senior family lawyers, retired judges or psychologists who have obtained certification as a parenting coordinator under the regulations. Parenting coordinators are also certified mediators because they need to become a mediator first before becoming parenting coordinators.

Parenting coordinators can do one or more of the following:

• mediate parenting issues including custody, parenting time, guardianship, parental responsibilities, etc;
• if the parents are unable to agree on an issue, the parenting coordinator can make a binding decision on their behalf on some parenting issues such as a child’s routine, extracurricular activities, travel, etc. To know whether you should hire a parenting coordinator or not, click here.

Arbitrators

Arbitrators are also very senior family lawyers or judges who can make binding decisions with respect to any family law issues. They are like mini judges but can make decisions quicker and in a letter expensive manner. They can make decisions on almost any family law matter including:

• parenting time;
• parental responsibilities;
• property division;
• debt division;
• child support;
• spousal support, etc.

Arbitrators must also be certified under the regulations. They do charge a rate but will still keep your matter out of court. Many times you can go to an arbitrator without needing a lawyer. They can be less expensive and quicker to resolve your matters than judges and courts can.

Family Law Lawyers

Family law lawyers can do everything from negotiation, advocacy in court, litigation. attending mediation or arbitration with you, helping you with your parenting coordinator, etc. Your family lawyer cannot also be a mediator, arbitrator or parenting coordinator for your case. That is because if the lawyer is representing your interests, she would be acting in conflict of interest by mediating or making decisions on behalf of you or your spouse as a neutral.

Why do Family Dispute Resolution Professionals Exist?

Honestly, that’s because going to court and fighting over family law issues is no longer attractive. No one likes to see fights, especially judges, conflict is always damaging, spending money on conflict is a waste, and as a society, we are more and more trying to resolve rather than destroy.

The Family Law Act came into force in 2013 and one of the most important things it did was to promote settlements and alternative dispute resolution mechanisms. It placed heavy emphasis on resolving things outside of the courts and appointed professionals to assist with this goal.

Family dispute resolution professionals are a positive change to how family matters are handled. Every settlement possibility needs to be tried and exhausted before deciding to fight. These professionals are there to assist you with your chances of settlement and soft landings.

To find out what kind of family dispute professional your case needs, call our award-winning lawyers at 604-974-9529 or get in touch.