Registered Parenting Coordinator Arbitrator (RPCA) or Registered Family Mediator Arbitrator (RFMA) Registration
Scope of Practice for Arbitration Hybrid Designation: Registered Parenting Coordinator Arbitrator (RPCA) or Registered Family Mediator Arbitrator (RFMA)
The role/purpose of an Arbitration Hybrid Designation is designed to assist parties in resolving family matters through mediation if possible and by binding arbitration, if necessary. The mediation and arbitration are pursuant to the provisions of:
- the Divorce Act, the Family Property Act, the Family Law Act, and any other relevant legislation including any amendments,
- the Arbitration Act of Alberta, RSA 2000, c A-43, and any amendments [the “Act”] and the laws of the Province of Alberta.
In this process the RPCA or RFMA has a dual role as both a mediator and arbitrator. In the mediation phase the RPCA or RFMA acts as a neutral mediator who supports, educates, and facilitates an interest-based problem-solving dialogue between the parties. The mediation phase is confidential and no documentation or discussion from the mediation may be used in the arbitration without the consent of all parties.
If the parties are unable to resolve the matter through mediation, then the process moves into the arbitration phase and the arbitrator would make a decision on the matter(s) brought by the parties and based on the written and oral evidence submitted. The decision, an Arbitration Award, is binding and enforceable through the Courts.
With the Arbitration Hybrid Designations, the goal is to provide a final and binding resolution for the parties on issues set out in the ‘Agreement’. The ‘Agreement’ sets out the Arbitrator’s jurisdiction and identifies the matter(s) to which the parties are seeking to resolve.
Parties may either self-represent or have legal representation. Parties who are self-representing are encouraged to seek independent legal advice.
Requirements for a Registered Parenting Coordinator and Arbitrator or a Registered Family Mediator and Arbitrator
Common issues and/or areas of decision making that a Arbitration Hybrid Designation would mediate/arbitrate:
PARENTING MATTERS:
- Develop/monitor a parenting plan
- Carry out/interpret court orders
- Parenting Responsibilities (division/sharing)
- Daily routines and parenting schedule
- Communication (methods and tools)
- Calendar holidays, special events, summer vacations
- Transportation and exchange of parenting
- Discipline between homes
- Parenting support (with child’s homework, chores, extra-curricular activities, etc.)
- Childcare
- Contact with extended family and friends
- New partners
- Medical, dental, vision care, other medical issues and emergencies
- Psychological counseling and/or assessments
- Extracurricular activities
- Education e.g., including school choice, tutoring or special needs issues
- Mobility
- Relocation
- Adult dependent children
FINANCIAL MATTERS:
- Determining parties’ annual income as per the Federal Child Support Guidelines [FCSG]
- Determining financial responsibility, obligation and duty surrounding parenting matters such as proportionate share/extracurricular activities/school fees, etc.)
- Determining child support as per the Federal Child Support Guidelines (e.g. Section 3, Section 7, Section 9)
- Spousal Support
- Division of family property, assets/debts and family business assets/debts
- Interim Applications and /or Procedural Directions on all aspects of a family arbitration file for which the arbitrator has jurisdiction, including but not limited to:
- business and/or personal disclosure
- valuation reports on real property or businesses
- interventions or reports such as a Voice of the Child Report, a Psychological and Parenting Report, or a Mental Health Assessment
- advances on family assets
- enforcement of Orders, Awards, and related costs
FEES:
General Membership (GM, all levels of membership): $160*/year
*(you must be a GM already before applying for RFMA/RPCA status)
RFMA/RPCA: $140/year
TOTAL (no GST): $300/year
