Law Times

Law Times • apriL 11, 2016 Page 13 www.lawtimesnews.com Family dispute resolution body hopes to set standards BY JUDY VAN RHIJN For Law Times F or those who have long de- cried the lack of oversight in family arbitration, a so- lution may be on the ho- rizon. A new multi-disciplinary professional organization hopes to be the body that sets the stan- dards and regulates the many diverse strands of family dispute resolution. The question is will the new body have any more dis- ciplinary power than those cur- rently in place? "What we're trying to do is get all professions that deal with family law under one umbrella," says Tom Dart, one of the found- ers of the Family Dispute Reso- lution Institute of Ontario. "e hope is that for people needing family dispute resolution ser- vices, the organization will be a 'one-stop shop' where they can be directed to what they need." FDRIO chairman Lorne Wolfson describes it as an orga- nization that "brings together all professions working in the field of family dispute resolution, in- cluding mediators, arbitrators, parental co-ordinators, mental health professionals, therapists, counsellors, collaborative law- yers, and educators as well as financial professionals like ac- countants and business valuers." He notes that five to 10 years ago practitioners generally kept to one narrow field, but now many are offering more than one service. "FDRIO provides an oppor- tunity for professionals in the field to work collaboratively and to develop skills beyond their particular area so they can offer clients a bundle of options." e organization will be two years old this June. It held its first annual conference in Novem- ber and instigated the first "FDR Week" in Ontario. One of the recurring themes at the events FDRIO organized was the need for standards of practice for family mediation- arbitration in Ontario. "e only oversight from the perspective of control of arbitra- tors is the appeal process or a challenge to the arbitration agree- ment," says Dart. "at is the prob- lem with arbitration generally. You can become certified with the ADR Institute, but the only recourse, if there are breaches of standards, is that they are no lon- ger a member. at doesn't pre- vent them from practicing." Dart notes that many FDR practitioners have a professional designation, with correspond- ing oversight by their profes- sional body, but there is a gap where family dispute resolution is concerned. "If someone is unhappy with a lawyer who is not acting in their role as a lawyer, they can go to the Law Society, but it will say: 'We don't really govern me- diation and arbitration.' FDRIO specializes in all areas of dispute resolution but family disputes. ey say they have a role and a section dealing with family law, but they really don't. We recog- nized there was a gap." Gary Joseph, managing part- ner at MacDonald & Partners LLP is a vocal critic of the lack of oversight for family arbitra- tors and is warning the public to think twice before they choose the arbitration route. "Do the benefits of expedi- ency and possible cost savings outweigh the multiple process and fairness concerns? Is the consuming public really prop- erly informed of the potential conflicts inherent in the pro- cess, and is the process properly regulated in order to protect the public? e public is so anxious as to the cost of family law pro- ceedings that the mad rush to alternative dispute resolution methods oen obscures the risks involved," he says. Joseph says there is no one regulating the area. "e ADR Institute has rules of conduct and ethical guide- lines, but they are a paper tiger with little or no disciplinary process or claws. I have clients who have complained to them who are totally frustrated going down that route," he says. Joseph says this also applies to people who make complaints to the Law Society. "It has a heavy hand over us as lawyers. It should be there over arbitrators and mediators, too," he says. Dart is hopeful FDRIO will provide the public with an effective complaints and disciplinary process. "As a professional body, we wish to ensure that we protect the public by abiding by strict rules and ethical codes. Ultimately, FDRIO might become a govern- ing body. Members would have to adhere to the codes of conduct or they wouldn't be able to prac- tice. I can see that coming over time," Dart says. FDRIO has now been orga- nized into10 different sections, with each one preparing a code of best practices for its particular discipline. Soon, FDRIO plans to unveil its accreditation process. "ere will be a process for granting accreditation. at way, members of the public dealing with practitioners know they are recognized by a professional body as having the necessary skills," says Wolfson. "Part and parcel with accredi- tation is developing standards — self-imposed rules of what professionals should do." Wolfson says it has taken months to get the standards draed, given that many of the more obscure disciplines have had no standards in place at all. Also related to accreditation is the complaints process. "ere has never been one before because there has never been an organization that has responsibility for oversight in this field," says Wolfson. "at part is just getting off the ground now." LT family law Lorne Wolfson says the Family Dispute Resolution Institute of Ontario will provide an opportunity for professionals in the field to work collaboratively. REACH ONE OF THE LARGEST LEGAL AND BUSINESS MARKETS IN CANADA! 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