What Is a Family Dispute Resolution Professional in BC?

The term family dispute resolution professional appears throughout the Family Law Act, and it can sound more technical than it is. It simply describes the people who help separating families sort out disputes outside court.

This article explains who qualifies, what they must do for you, and how you can check credentials before you hire someone. It is general information and not legal advice.

This article covers the law of British Columbia.

Who counts under the Act

The Act defines the term as a family justice counsellor, a parenting coordinator, a lawyer advising a party in a family law dispute, a mediator conducting a mediation, or an arbitrator conducting an arbitration. The mediator and arbitrator must meet the requirements set in the regulations.

Family dispute resolution itself means a process parties use to try to resolve disputed issues outside court, including help from a family justice counsellor, parenting coordinator services, mediation, arbitration and collaborative family law.

Agreements reached through these processes matter. The Act lets two or more people make an agreement about a family law dispute, and an agreement is binding on the parties, subject to the Act. The Act sets further conditions for specific agreements. A parenting or child support agreement is binding only if made after separation, or when the parties are about to separate and intend it to take effect on separation. The court must set aside or replace all or part of a parenting agreement if it is satisfied the agreement is not in the child's best interests. A witnessed property agreement can be set aside only if listed circumstances existed when it was made, such as a spouse failing to disclose significant property or debts, although the court can also act if the agreement is significantly unfair. A witnessed spousal support agreement is treated in a similar way.

A written agreement means one that is in writing and signed by all parties. If a later agreement changes an earlier one, each changed part of the earlier agreement is treated as revoked and the unchanged parts remain in effect.

Whatever process you use, each party must give the other full and true information to resolve the dispute, and that information may not be used except as necessary to resolve the dispute.

Qualifications for mediators and arbitrators

• Only a mediator qualified as a family dispute resolution professional may conduct a mediation in a family law dispute.
• A mediator qualifies as a member in good standing of the Law Society of British Columbia who meets its training and practice requirements, or by meeting other listed qualifications, which include at least 14 hours of family violence training.
• An arbitrator must be a Law Society of BC member in good standing, or a psychologist or registered social worker with at least 10 years of family-related practice, 40 hours of arbitration training, 30 hours of family law training, 14 hours of family violence training, annual professional development and liability insurance.
• A psychologist or social worker arbitrator may act only on parenting arrangements, contact with a child, or certain child support matters.

An arbitration award is final and binding on all parties, subject to the Act, and once filed in court it is enforceable as if it were a court order. You can ask within 30 days of receiving the award to correct computational, clerical or typographical errors, unless the parties agree otherwise. An appeal to the Supreme Court is possible only on a question of law or a question of mixed law and fact, and the time limit to start an appeal is 40 days. The court may also set aside or change an award on grounds such as fraud or duress.

Duties to you, including violence screening

A professional you consult must assess, in accordance with the regulations, whether family violence may be present. If it may be, they must consider how far it affects safety and your ability to negotiate a fair agreement. Family violence includes psychological or emotional abuse such as intimidation, harassment, coercion or threats.

Based on that assessment, the professional must discuss which types of family dispute resolution are advisable and tell you about known resources that may help. They must also tell you that agreements and orders about guardianship, parenting arrangements and contact must be made in the child's best interests only.

How to check credentials

Before an arbitration starts, the arbitrator must enter a written agreement to arbitrate with you and give you written confirmation that they meet the qualification requirements. For mediators and lawyers, ask about their Law Society membership or other training, including the family violence training.

• Ask which category of professional they fall under.
• Ask for written confirmation of qualifications if they are an arbitrator.
• Ask how they screen for family violence.
• Ask what the process will cost and how fees are shared, since the right answer depends on the arrangement.

What to do next

Family justice counsellors are one starting point; their services are free and you do not have to start a court process to use them. They do not provide legal advice. If your dispute involves property, a lawyer can explain your options before you commit to a process.

If your matter is in a Provincial Court Early Resolution Registry, a person must complete an individual needs assessment meeting with a Family Justice Counsellor and the Parenting After Separation online course if applicable before filing an Application About a Family Law Matter. They must also complete a consensual dispute resolution session if appropriate. Early resolution services are free, and all Provincial Court registries in the Vancouver Coastal, Vancouver Fraser, Vancouver Island and Interior regions are Early Resolution Registries, although other locations may be designated later. The Early Resolution Process does not apply to child protection matters, matters brought by the Ministry of Children and Family Development or an Indigenous child and family service agency, or matters under the Child, Family and Community Service Act or the Adoption Act.

In Supreme Court, a notice of application generally cannot be served before a judicial case conference has been held, although applications for a consent order are exempt. The Rules do not make mediation mandatory at that step, but at the conference the judge may mediate any issue. The court can also require parties to attend mediation, a settlement conference or another dispute resolution process. A party can serve a Notice to Mediate (Family) between 90 days after the first response to family claim is filed and 90 days before trial, and a party who fails to comply can face a Declaration of Default, a stay of the action, or costs. Which steps apply to you depends on your situation, so it is worth confirming with a lawyer.

Frequently asked questions