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Parenting coordination is most helpful for parents in high conflict with one another who already have a parenting plan or court order about custody, guardianship and access, either on a temporary or permanent basis. Usually, parents will already have some sort of final resolution of these issues, such as a final order following a trial or a separation agreement.
Parents who agree to try parenting coordination rather than going back to court will meet with a parenting coordinator and sign an agreement that outlines the role, objectives and scope of the coordinator's services, as well as the rights and obligations of each parent. The parenting coordinator will usually be retained for a fixed period of one or two years.
When disputes arise, either parent may contact the parenting coordinator. The coordinator will listen to each parent's side of the story and attempt to mediate a resolution of the dispute. If mediation fails to produce a settlement, the coordinator will arbitrate the dispute and impose a resolution which both parents will be bound by. When the next problem comes up, the parents will go back to their parenting coordinator and the process starts again.
The parenting coordinator will continue working with the parents until the term of his or her retainer expires or when both parents agree to end the parenting coordination process.
Parenting coordination does not replace mediation or any other effective means of negotiation, consensus-building and decision-making. Instead, parenting coordination offers parents involved in high-conflict disputes the consistent, ongoing direction of a single, qualified professional using a less adversarial, less expensive dispute resolution process.
Parenting coordination does not usurp the role of the courts — no alternative dispute resolution process can. While the parents are involving in the parenting coordination process, they are expected not to apply to court for an order different than the decision of the parenting coordinator. A parent who does go to court over an issue already decided by the parenting coordinator will have to contribute to the other parent's costs of responding to the application, and must accept the risk that the court will agree with the coordinator's decision.
A Glossary of Dispute Resolution Processes
Parenting coordination is only one process in a much larger family of alternative dispute resolution processes that help parents reach settlement of their disputes without going to court. Parenting coordination is a very specialized process as it is intended to address the needs of a very narrow group of parents: parents who are in high conflict with each other, have a history of conflict about parenting decisions, and already have in place a final court order or a separation agreement that deals with their children.
There are so many alternative dispute resolution processes available, it is easy to become confused about which process does what and what sort of professional helps with which kind of process.
Agreement In family law disputes, an agreement is the written record of how one or more disputes have been settled. A written agreement is a kind of contract between the parties and can be enforced by the court as a contract. Agreements are often reached through the collaborative law process, mediation or negotiation.
Arbitration In the arbitration process, two or more people ask a neutral third-party to listen to their positions and arguments and make a decision which they agree they will be bound by. The decision-maker is called an arbitrator, and is usually someone with special legal training. Essentially, the arbitrator acts as the parties' private judge. Arbitration is very rare in family law disputes in British Columbia.
Award An award is the written decision of an arbitrator. Awards are binding on the parties to the award because they have signed an arbitration agreement or a parenting coordination agreement, and awards can be enforced as if they were court orders.
Collaborative Law Collaborative law is a process involving lawyers and mental health professionals who work together to help separation parents make an agreement that settles all of the issues arising out of their break up. The mental health professionals work in a therapeutic capacity and help their respective clients develop communication skills and parenting strategies. The lawyers cooperate with each other to find common ground, and will sometimes suggest that other specialists be involved to help deal with financial and parenting issues.
Litigation Litigation is not an alternative dispute resolution process. It is an adversarial legal process in which the parties to a dispute ask a judge to hear their positions and arguments and make a judgment which resolves the dispute. Even though litigation has started, every alternative dispute resolution process, except collaborative law, can be used to reach a settlement without a trial.
Mediation In the mediation process, a neutral mediator helps two or more people to reach an agreement about a dispute. The mediator helps the parties to compromise and find a settlement but cannot impose a settlement on the parties the way an arbitrator can. Mediators will sometimes suggest that other specialists be involved to help deal with financial and parenting issues. Lawyers, counsellors, pscyhologists and other legal and mental health professionals can act as mediators.
Med/Arb Med/Arb is a hybrid of mediation and arbitration, in which two or more people ask a neutral thrid-party to attempt to mediate their dispute, but, if mediation fails, then to impose a decision as an arbitrator. Parenting coordination is a form of med/arb.
Negotiation Negotiation is a process in which two or more people work together to find a resolution of a dispute. Negotiation is a process of mutual compromise and may or may not involve lawyers and other professionals.
Order A court order is the oral or written decision of a judge. Court orders are binding on the parties, whether they are happy with the order or not, and someone who breaks a court order can be sentenced for contempt of court.
Parenting Coordination This is a hybrid process involving first mediation and then arbitration, but only where the mediation is unsuccessful. It is a long-term, child-centred process for parents who already have a court order or written agreement about parenting issues but still find themselves in conflict about those issues.
More Information About Parenting Coordination
Craig Neville, a Vancouver family law lawyer and mediator, and a member of the BC Parenting Coordinators Roster Executive Committee, has written an excellent paper on parenting coordination. Click here to download Craig's paper (PDF format).
John-Paul Boyd, another member of the Executive Committee, has written a paper on some of the legal, jurisdictional issue. Click here to download JP's paper (also PDF format).
Further information can be found at these websites about parenting coordination in other jurisdictions:
AFCC: Guidelines for Parenting Coordination (PDF)
Alberta: Canadian Parenting Coordinators Association
Arizona: Parenting Coordinator Program
California: Special Master Program Rules and Regulations (PDF)
Colorado: Bar Association proposed Guidelines for Parenting Coordination
Colorado: Bar Association article on Parenting Coordination (PDF)
Florida: Senate Report on Parenting Coordination (PDF)
Idaho: Court Rules for Parenting Coordinators
Kentucky: DivorceNet article on Parenting Coordination
Massachusetts: DivorceNet article on Parenting Coordination
North Carolina: Government Bill to establish Parenting Coordination
Oregon: Family Court Programs
Oregon: Report on Appointment and Training of Parenting Coordinators (PDF)
Vermont: Family Court Parenting Coordination
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Parenting Coordination
