What is arbitration?
Family law arbitration is similar to going to court in that parties who are unable to resolve their conflict can present their case to a neutral third person to decide the matters in dispute.
- It is a more formal process than collaboration or mediation as it has rules and procedure on how to present the facts and evidence on the disputed matter to the arbitrator
- Before arbitration begins, parties discuss and agree on possible forms of appeal if arbitration does not work
- An arbitrator’s decision can be binding and enforceable like a Court Order
- Arbitration can be combined with mediation to resolve matters not agreed on in the mediation process, which are then decided by the arbitrator
Benefits of arbitration
- Parties can choose their arbitrator who can be a person particularly familiar with the type of issue that needs to be decided
- Is private and takes place out of court
- May be considerably faster and usually less expensive than protracted litigation and going to trial
- Can be a streamlined process when parties are “stuck” on a particular issue
- Saves time and added expense if the arbitrator chosen is also the mediator already familiar with the matter
- Agreements reached in mediation can be incorporated into the arbitrator’s decision
- Parties get a decision which ends the dispute and enables them to move forward
How does arbitration work?
Parties:
- Sign an agreement to arbitrate that sets out how the arbitration will work, subject to the Arbitration Act of Alberta
- Acknowledge and agree that the arbitrator is properly appointed and has the jurisdiction to hear and decide the issue(s)
- Are formally sworn in before giving evidence and presenting their case
The arbitrator:
- Determines the process and lets the parties and/or their lawyer know the procedural requirements including the timing and how the evidence is to be presented
- Applies the principles of natural justice and is not bound by strict rules of evidence like in a Court proceeding
- Can retain independent experts
- Reviews and weighs the facts, evidence, and law to make a decision to resolve the issue, called an arbitration award
- Can rule on any questions of law applying to the admission of evidence or determination of the issues
- Can direct that costs be paid by either party to the other
- The hearing may be conducted by means other than in-person
Lorraine is a proud member of:
