This regulation sets qualifications for family arbitrators, requires family arbitration agreements to include and satisfy independent legal advice requirements, and requires arbitrators to screen for domestic violence or stalking before a family arbitration begins.
Family Arbitration Regulation, M.R. 105/2019 The Arbitration Act , C.C.S.M. c. A120 Regulation 105/2019 Registered June 24, 2019 bilingual version (HTML) Qualifications for family arbitrators 1 In order to act as the arbitrator in a family arbitration, a person must (a) be a practising lawyer under The Legal Profession Act ; and (b) have practised law for at least 10 years, with family law as their primary area of practice. Agreement must require independent legal advice 2(1) A family arbitration agreement must include a provision that requires each party to have obtained independent legal advice respecting the contents of the agreement, the conduct of a family arbitration and the effect of a family arbitration award. 2(2) A family arbitration agreement is not valid unless each party (a) has obtained independent legal advice before executing the agreement; and (b) has attached a certificate of independent legal advice from a practising lawyer under The Legal Profession Act to the agreement . Consideration of domestic violence 3 Before a family arbitration begins, the arbitrator must (a) consider whether proceeding with the arbitration could expose a party or a child to a risk of domestic violence or stalking, as those terms are used in The Domestic Violence and Stalking Act ; and (b) ask each of the parties (i) whether there is a history of domestic violence or stalking involving the other party or a child of a party, or contact with a law enforcement agency about domestic violence or stalking involving the other party or a child of a party, and (ii) whether a civil or criminal court has made an order prohibiting or restricting one of the parties from being in contact with or communicating with the other. Coming into force 4 This regulation comes into force on the same day that sections 1 to 20 of The Arbitration Amendment Act, (Family Law) , S.M. 2019, c. 8, Schedule C, come into force.