5. Mediate and arbitrate with the parenting coordinator

Mediation

You can prepare for mediation by understanding what issues you are asking your parenting coordinator to help you with.

Your parenting coordinator may meet with each parent together or separately. They may also want to meet with your children.

If you agree on your issues with the help of your parenting coordinator, they often write up a document saying what was agreed on. This can be informally written in an email, or more formally written in a document called “consent award”.

This document usually isn’t as detailed as a separation agreement. You aren’t agreeing to change anything in your court order, family arbitration award, or separation agreement so you don’t need a new agreement or court order. Instead, your consent award adds new details to help you follow your court order, family arbitration award, or separation agreement now or in the future.

Arbitration

If you can’t agree, your parenting coordinator moves to arbitration and decides for you.

Your agreement should say how this happens. It may also have rules about a timeline, and the documents you need to prepare.

The parenting coordinator listens to both parents.

They must apply Ontario laws when deciding your issues. They can use the laws of another Canadian province or territory only if the parents agree to apply them. They cannot agree to apply religious rules or laws from another country, even if the parents agree to them.

In Canada, decisions about a child must be made in the best interests of the child.

The parenting coordinator makes a decision as an arbitrator so their decision is also called a family arbitration award.

If a parent doesn’t agree with the family arbitration award, you can appeal to a court in some cases. You can usually appeal if you think that the parenting coordinator didn’t apply the law correctly in your case and the court allows you to appeal. But your parenting coordination agreement may say that you can appeal for other reasons too.

Any parent can file the family arbitration award with the court if they want the court to help them make another parent follow the decision.