about family arbitration….

Separated. Changing your existing order or agreement.

If a dispute cannot be resolved through settlement discussions or mediation, the parties will need someone to make a decision for them. This can be done through the court, in which case a judge will make an order, or alternatively, the parties can attend arbitration, where the arbitrator will make an arbitral award. An arbitral award and a court order are very similar, and are enforceable as law against the parties.

The court process is very slow, expensive and unpredictable. There is little flexibility, which results in a drawn-out and time-consuming process. Often the parties will be facing a different judge each time they attend court, meaning that there is no familiarity with their specific case. Delays are common and lengthy. A court action can take years to go to trial, leaving families in financial and emotional limbo.    

There is a better option. Arbitration.

Arbitration can be used to resolve family disputes without the need to go to court.  The benefits of arbitration are considerable. Arbitration is faster, the process can be streamlined to the specific needs of the parties, and the parties will be using the same arbitrator throughout. This flexibility of the process can significantly reduce the costs to the parties. The parties can select an arbitrator with expertise specific to their situation. The arbitrator’s decision can be made quickly, allowing parties to move forward with their lives.

When to Arbitrate?

Arbitration can be done at any time after separation. Arbitration can be done in stages, to deal with specific issues as they arise, or the parties can arbitrate all of the issues at the same time.  As an example, shortly after separation parties may require the arbitrator to make a decision about the sale of the matrimonial home or temporary parenting plans. The arbitrator can make a prompt decision, bringing some stability and certainty for the parties, while they continue to work towards resolving the remaining issues outstanding between them. 

Arbitration can be used when the parties are already involved in the court process. The parties can opt out of the court process altogether and instead arbitrate. Alternatively, the parties may choose to use arbitration to deal with only a specific issue, such as a parenting plan or property division.  

Questions:

Do all parties need to agree to arbitrate?

Yes, arbitration cannot proceed unless all parties agree to the process and the arbitrator.

Is arbitration suitable for me?

An arbitrator can generally make the same orders as a judge, but there are exceptions.  Parties should speak to their lawyer about the appropriateness of arbitration.   As well, a party may contact my office so that we can determine whether arbitration is appropriate.

When can arbitration begin?  What is the process?

The scheduling of dates is very flexible and if parties are ready, arbitration can be scheduled quickly. 

Once the parties decide to hire me, a phone call will be arranged with both parties or their lawyers, to discuss such details as timelines, procedures and scheduling.  The process will be tailored to meet the needs of the family and the issues being dealt with, in order to minimize costs and bring prompt results. 

Do I need a lawyer for arbitration?

Parties are strongly encouraged to have a lawyer during the arbitration process.  It is important that each party understands the law, their rights, and their obligations.  It is helpful for the parties to have legal advice throughout the arbitration.

Who pays for the arbitration?

Generally, the parties will each pay for half of the cost of the arbitration. However, the arbitrator may be permitted to make a cost award, which will require one party to pay some or all of the arbitration costs incurred by the other.  

What issues can be arbitrated with you?

All family law disputes can be arbitrated. I have extensive experience in all areas of family law, including property division, complex financial matters, child and spousal support, and parenting plans. I have knowledge of the intricacies of family law and an attention to detail. My arbitral awards are fair and carefully considered.