Screening for power imbalances, including family violence, is mandated under the Arbitration Act. Its purpose is to help ensure that clients being diverted into for-profit private adjudication are appropriate candidates for the process. Screening helps protect clients from the risk of abuse and violence before, during and after an arbitration, and it helps inform arbitrators when deciding whether to take a case and, if so, how to best structure the process.
FDRIO’s policies require family arbitrators to work with qualified and experienced third party screeners in those cases where they have not conducted their own screening, eg/ when they are acting as an arbitrator alone.
Where the dispute resolution process is mediation-arbitration, the mediator-arbitrator conducts their own screening process prior to starting the mediation.
Qualified Family Arbitration Screeners (QFAS) Designation
Our QFAS Roster is now open for applicants who have met the requirements. Arbitrators can rely on our Roster members to have taken the appropriate training, use appropriate retainer agreements with their clients and produce for them appropriate Screening Report.
Members who have received the QFAS designation will have the designation indicated on their public facing profile. A list of the roster is also available from head office.
The requirements include:
1. Screening for Power Imbalance training (21 hours) within the last 24 months
2. Family Law training (30 hours) – exemption for lawyers
3. Third Party Screening for Family Arbitration – online training (2 hours)
You can now apply for a Family Arbitration Screening Designation.
You can access the application through the member profile.
Note: this designation is available to all members. An FDRP Certification, although preferred, is not required.
Depending on your circumstances, you will be required to upload proof of one or more of the above requirements. Family Law lawyers are exempt from family law training.
Once you submit your application and pay the required fee of $75, your application will be reviewed and you can expect to receive a decision within a few weeks.
Please refer to the resources at the top of the page.