Out-of-court dispute resolution

The Family Tariff has been revised to expand the collaborative processes and/or mediation tariff items to include arbitration. The new tariff items are called out-of-court-dispute resolution.

How many hours are available on a family referral for out-of-court dispute resolution?

The Family Tariff provides up to 10 hours to prepare your client for mediation, arbitration, or collaborative settlement meetings and up to 15 hours actual attendance time at mediation, arbitration, or collaborative settlement meetings.

If mediation or collaboration does not result in a settlement, can this item be used again for arbitration?

Only if you have time remaining under the tariff. This tariff item is available only one time with each referral. The total number of hours is cumulative and provides a limited number of hours for these out-of-court processes.

Can a combination of processes be used with a single referral?

Yes. You and your client may decide how best to use these limited hours to resolve the issues. You may use any combination of processes in any order that you see fit. For example, you may decide to try mediation and ask the mediator to act as an arbitrator to impose a decision if mediation does not result in an agreement.

As long as the total number of preparation and attendance hours is not exceeded, any combination of the three processes is available.

How will the arbitrator be paid if this option is chosen?

The arbitrator will be paid at the same rate and under the same guidelines as the mediator is paid under the Disbursements Tariff.

Who is eligible to be a family law arbitrator under the FLA?

Criteria for family law arbitrators are set out in the regulations to the FLA. See FLA regulations for more information.

May I use this tariff item to fund a parenting coordinator for my client?

No. This tariff item may be used for only mediation, arbitration, or collaborative processes, or a combination of the three. LSS isn't able to provide any funding for parenting coordinators.