Family Law Arbitration - Revision history

Nate Russell at 19:40, 21 August 2024

2024-08-21T19:40:09Z

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	}}Arbitration is a dispute resolution process in which the parties hire a neutral third party, an ''arbitrator'', to make <span class="noglossary">decisions</span> resolving some or all of the legal issues in their dispute. While the job of a mediator is to help people work toward their own resolution of their family law dispute, the arbitrator's job is to <span class="noglossary">act</span> like a judge and make a decision resolving a legal dispute, after hearing the evidence and listening to the arguments of each party.		}}Arbitration is a dispute resolution process in which the parties hire a neutral third party, an ''arbitrator'', to make <span class="noglossary">decisions</span> resolving some or all of the legal issues in their dispute. While the job of a mediator is to help people work toward their own resolution of their family law dispute, the arbitrator's job is to <span class="noglossary">act</span> like a judge and make a decision resolving a legal dispute, after hearing the evidence and listening to the arguments of each party.

	People who work as arbitrators are usually trained professionals who qualify as "family law dispute resolution professionals" under the ''[[Family Law Act]]'', meaning that they have the experience and education required by the [https://canlii.ca/t/5539g Family Law Act Regulation]. Lawyers who are "family law arbitrators" are specially accredited to arbitrate family law disputes by the [~~http~~://www.lawsociety.bc.ca Law Society of British Columbia].		People who work as arbitrators are usually trained professionals who qualify as "family law dispute resolution professionals" under the ''[[Family Law Act]]'', meaning that they have the experience and education required by the [https://canlii.ca/t/5539g Family Law Act Regulation]. Lawyers who are "family law arbitrators" are specially accredited to arbitrate family law disputes by the [https://www.lawsociety.bc.ca Law Society of British Columbia].

	This section provides an introduction to arbitration and discusses when to use arbitration in a family law dispute. It also provides some suggestions about how to find a family law arbitrator.		This section provides an introduction to arbitration and discusses when to use arbitration in a family law dispute. It also provides some suggestions about how to find a family law arbitrator.
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	*Arbitration [[Media:Arbitration procedure pick-list - fillable.pdf\|procedure pick-list]] (fillable PDF)		*Arbitration [[Media:Arbitration procedure pick-list - fillable.pdf\|procedure pick-list]] (fillable PDF)
	*Sample arbitration [[Media:Arbitration Agreement - PDF.pdf\|participation agreement]] (PDF) in cases where the parties are represented by lawyers.		*Sample arbitration [[Media:Arbitration Agreement - PDF.pdf\|participation agreement]] (PDF) in cases where the parties are represented by lawyers
	*Sample arbitration [[Media:Arbitration Agreement - Self-Rep - PDF.pdf\|participation agreement]] (PDF) in cases where the parties are not represented by lawyers.		*Sample arbitration [[Media:Arbitration Agreement - Self-Rep - PDF.pdf\|participation agreement]] (PDF) in cases where the parties are not represented by lawyers

Nate Russell: Clicklaw directory link edit

2024-08-19T21:47:54Z

Clicklaw directory link edit

← Older revision		Revision as of 21:47, 19 August 2024
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	*[https://www.adrbc.com the ADR Institute of British Columbia], and		*[https://www.adrbc.com the ADR Institute of British Columbia], and
	*[~~http~~://www.labour-arbitrators.ca the Arbitrators Association of British Columbia].		*[https://www.labour-arbitrators.bc.ca/ the Arbitrators Association of British Columbia].


	(Be warned, however, that there are lots of accredited family law arbitrators who may not have decided to pay the money to join these organizations.) Finally, you could call ~~the Canadian Bar Association~~'s [~~http~~://www.~~clicklaw.bc~~.ca/~~helpmap~~/service~~/1044~~ Lawyer Referral Service]. Although the service can't recommend one family law arbitrator over another, they'll at least be able to give you some names.		(Be warned, however, that there are lots of accredited family law arbitrators who may not have decided to pay the money to join these organizations.) Finally, you could call Access Pro Bono's [https://www.accessprobono.ca/our-programs/lawyer-referral-service Lawyer Referral Service]. Although the service can't recommend one family law arbitrator over another, they'll at least be able to give you some names.

	==Resources and links==		==Resources and links==
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	* [https://www.adrbc.com The ADR Institute of British Columbia]		* [https://www.adrbc.com The ADR Institute of British Columbia]
	* [https://adric.ca/ The ADR Institute of Canada]		* [https://adric.ca/ The ADR Institute of Canada]
	* [~~http~~://www.labour-arbitrators.ca The Arbitrators Association of British Columbia]		* [https://www.labour-arbitrators.bc.ca/ The Arbitrators Association of British Columbia]
	* [~~http~~://www.~~clicklaw.bc~~.ca/~~helpmap~~/service~~/1044~~ Lawyer Referral Service]		* [https://www.accessprobono.ca/our-programs/lawyer-referral-service Lawyer Referral Service] from Access Pro Bono
	* [~~http~~://www.bcparentingcoordinators.com/ BC Parenting Coordinators Roster Society]		* [https://www.bcparentingcoordinators.com/ BC Parenting Coordinators Roster Society]
	* [https://www.boydarbitration.ca/library John-Paul Boyd Arbitration Chambers] Library		* [https://www.boydarbitration.ca/library John-Paul Boyd Arbitration Chambers] Library
	* [https://www.boydarbitration.ca/rules-of-procedure John-Paul Boyd Arbitration Chamber] Arbitration Procedure		* [https://www.boydarbitration.ca/rules-of-procedure John-Paul Boyd Arbitration Chamber] Arbitration Procedure
	* [https://~~www.lawsociety~~.bc.ca/ ~~The Law Society of BC]~~		* [https://dialalaw.peopleslawschool.ca/resolving-disputes-without-going-to-court/ Resolving Disputes Without Going to Court] from Dial-a-Law by the People's Law School
	* [https://~~www.clicklaw.bc.ca/resource/4616~~ Resolving Disputes Without Going to Court] from Dial-a-Law by the People's Law School		*[https://www.clicklaw.bc.ca/resources/dial-law-mediation-collaborative-negotiation-and-arbitration Mediation, Collaborative Negotiation, and Arbitration] from Dial-a-Law by the People's Law School
	* [https://www.clicklaw.bc.ca/~~resource~~/~~4191 Settling out of Court] from the Justice Education Society of BC~~
	* [https://www.clicklaw.bc.ca/resource/1253 Mediation, ~~collaborative negotiation~~, and ~~arbitration~~] from Dial-a-Law by the People's Law School

	===Resources===		===Resources===
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	You can also look at the website of [https://www.boydarbitration.ca/participationagreements John-Paul Boyd Arbitration Chambers] which provides a number of model participation agreements for download.		You can also look at the website of [https://www.boydarbitration.ca/participationagreements John-Paul Boyd Arbitration Chambers] which provides a number of model participation agreements for download.

	* [https://~~www.clicklaw.bc~~.ca/~~resource~~/~~4452~~ "An Evaluation of the Cost of Family Law Disputes: Measuring the Cost Implication of Various Dispute Resolution Methods" ~~PDF~~] from Canadian Research Institute for Law and the Family		*[https://canlii.ca/t/286m "An Evaluation of the Cost of Family Law Disputes: Measuring the Cost Implication of Various Dispute Resolution Methods"] from the Canadian Research Institute for Law and the Family
	* [https://www.clicklaw.bc.ca/resource/1497 "Alternatives to Going to Court" PDF] from the Justice Education Society of BC

	{{REVIEWED \| reviewer = [[JP Boyd]], 18 April 2023}}		{{REVIEWED \| reviewer = [[JP Boyd]], 18 April 2023}}

Nate Russell at 23:07, 11 January 2024

2024-01-11T23:07:18Z

← Older revision		Revision as of 23:07, 11 January 2024
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	* [https://www.clicklaw.bc.ca/resource/1497 "Alternatives to Going to Court" PDF] from the Justice Education Society of BC		* [https://www.clicklaw.bc.ca/resource/1497 "Alternatives to Going to Court" PDF] from the Justice Education Society of BC

	{{REVIEWED \| reviewer = [[JP Boyd]], 28 April 2023}}		{{REVIEWED \| reviewer = [[JP Boyd]], 18 April 2023}}

	{{JP Boyd on Family Law Navbox\|type=chapters}}		{{JP Boyd on Family Law Navbox\|type=chapters}}

Nate Russell: Updating review date

2024-01-11T23:06:55Z

Updating review date

← Older revision		Revision as of 23:06, 11 January 2024
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	* [https://www.clicklaw.bc.ca/resource/1497 "Alternatives to Going to Court" PDF] from the Justice Education Society of BC		* [https://www.clicklaw.bc.ca/resource/1497 "Alternatives to Going to Court" PDF] from the Justice Education Society of BC

	{{REVIEWED \| reviewer = [[JP Boyd]], ~~25 August 2021~~}}		{{REVIEWED \| reviewer = [[JP Boyd]], 28 April 2023}}

	{{JP Boyd on Family Law Navbox\|type=chapters}}		{{JP Boyd on Family Law Navbox\|type=chapters}}

Jpboyd: /* Changing, challenging and appealing awards */

2023-04-18T23:52:39Z

Changing, challenging and appealing awards

← Older revision		Revision as of 23:52, 18 April 2023
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	#a question of mixed fact and law.		#a question of mixed fact and law.

	Questions of law are about which law should be applied to determine a legal issue. Appeals based on questions of law argue that the arbitrator applied the wrong legal test or interpreted the legal test incorrectly. Questions of mixed fact and law are about whether the facts satisfy the legal test		Questions of law are about which law should be applied to determine a legal issue. Appeals based on questions of law argue that the arbitrator applied the wrong legal test or interpreted the legal test incorrectly. Questions of mixed fact and law are about whether the facts satisfy the legal test. Appeals can be complicated, and it's always a good idea to talk to a lawyer before deciding to appeal an arbitrator's decision.

	Appeals must be started within 40 days of the date you received the arbitrator's award.		Appeals must be started within 40 days of the date you received the arbitrator's award.

Jpboyd: /* Changing, challenging and appealing awards */

2023-04-18T23:48:16Z

Changing, challenging and appealing awards

← Older revision		Revision as of 23:48, 18 April 2023
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	#the arbitrator exceeded their authority.		#the arbitrator exceeded their authority.

	It's important to know that, under section 16.18(2), you can only ask to change or cancel an award because of doubts about the arbitrator's independence or impartiality if there is a "real danger of bias" on the part of the arbitrator. This can be difficult to prove. In ''[https://canlii.ca/t/1prwz Spence v. The Board of Police Commissioners of Prince Albert]'', a 1987 decision of the Saskatchewan Court of Appeal, the court explained what ~~has~~ to ~~be proven~~ to show a real danger of bias, saying that:		It's important to know that, under section 16.18(2), you can only ask to change or cancel an award because of doubts about the arbitrator's independence or impartiality if there is a "real danger of bias" on the part of the arbitrator. This can be difficult to prove. In ''[https://canlii.ca/t/1prwz Spence v. The Board of Police Commissioners of Prince Albert]'', a 1987 decision of the Saskatchewan Court of Appeal, the court explained what you have to prove to show a real danger of bias, saying that:
	<blockquote>“The test is whether a reasonable person would believe there is a real danger of bias or whether there would be a reasonable suspicion of bias even though unintended.</blockquote>		<blockquote>“The test is whether a reasonable person would believe there is a real danger of bias or whether there would be a reasonable suspicion of bias even though unintended.</blockquote>

	====~~Challenging~~ awards====		====Appealing awards====

			Under section 19.19 of the ''Family Law Act'', you can appeal all or part of an arbitrator's award to the Supreme Court on:

			#a question of law, or
			#a question of mixed fact and law.

			Questions of law are about which law should be applied to determine a legal issue. Appeals based on questions of law argue that the arbitrator applied the wrong legal test or interpreted the legal test incorrectly. Questions of mixed fact and law are about whether the facts satisfy the legal test

			Appeals must be started within 40 days of the date you received the arbitrator's award.

	===Other uses of arbitration===		===Other uses of arbitration===

Jpboyd: /* Changing, challenging and appealing awards */

2023-04-18T23:38:12Z

Changing, challenging and appealing awards

← Older revision		Revision as of 23:38, 18 April 2023
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	#the arbitrator exceeded their authority.		#the arbitrator exceeded their authority.

	It's important to know that, under section 16.18(2), you can only ask to change or cancel an award because of doubts about the arbitrator's independence or impartiality if there is a "real danger of bias" on the part of the arbitrator. In ''[https://canlii.ca/t/1prwz Spence v. The Board of Police Commissioners of Prince Albert]'', a 1987 decision of the Saskatchewan Court of Appeal, the court ~~said~~ that:		It's important to know that, under section 16.18(2), you can only ask to change or cancel an award because of doubts about the arbitrator's independence or impartiality if there is a "real danger of bias" on the part of the arbitrator. This can be difficult to prove. In ''[https://canlii.ca/t/1prwz Spence v. The Board of Police Commissioners of Prince Albert]'', a 1987 decision of the Saskatchewan Court of Appeal, the court explained what has to be proven to show a real danger of bias, saying that:
	“The test is whether a reasonable person would believe there is a real danger of bias or whether there would be a reasonable suspicion of bias even though unintended.		<blockquote>“The test is whether a reasonable person would believe there is a real danger of bias or whether there would be a reasonable suspicion of bias even though unintended.</blockquote>

			====Challenging awards====

	===Other uses of arbitration===		===Other uses of arbitration===

Jpboyd: /* Challenging awards */

2023-04-18T23:35:45Z

Challenging awards

← Older revision		Revision as of 23:35, 18 April 2023
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	#the arbitrator exceeded their authority.		#the arbitrator exceeded their authority.

	It's important to know that, under section 16.18(2), you can only ask to change or cancel an award because of doubts about the arbitrator's independence or impartiality if there is a "real danger of bias" on the part of the arbitrator. In ''[https://canlii.ca/t/1prwz \| Spence v. The Board of Police Commissioners of Prince Albert]'', a 1987 decision of the Saskatchewan Court of Appeal, the court said that:		It's important to know that, under section 16.18(2), you can only ask to change or cancel an award because of doubts about the arbitrator's independence or impartiality if there is a "real danger of bias" on the part of the arbitrator. In ''[https://canlii.ca/t/1prwz Spence v. The Board of Police Commissioners of Prince Albert]'', a 1987 decision of the Saskatchewan Court of Appeal, the court said that:
	“The test is whether a reasonable person would believe there is a real danger of bias or whether there would be a reasonable suspicion of bias even though unintended.		“The test is whether a reasonable person would believe there is a real danger of bias or whether there would be a reasonable suspicion of bias even though unintended.

Jpboyd: /* Challenging awards */

2023-04-18T23:35:27Z

Challenging awards

← Older revision		Revision as of 23:35, 18 April 2023
Line 186:		Line 186:
	#the arbitrator exceeded their authority.		#the arbitrator exceeded their authority.

	It's important to know that, under section 16.18(2), you can only ask to change or cancel an award because of doubts about the arbitrator's independence or impartiality if there is a "real danger of bias" on the part of the arbitrator. In ''[https://canlii.ca/t/1prwz\|Spence v The Board of Police Commissioners of Prince Albert]'', a 1987 decision of the Saskatchewan Court of Appeal, the court said that:		It's important to know that, under section 16.18(2), you can only ask to change or cancel an award because of doubts about the arbitrator's independence or impartiality if there is a "real danger of bias" on the part of the arbitrator. In ''[https://canlii.ca/t/1prwz \| Spence v. The Board of Police Commissioners of Prince Albert]'', a 1987 decision of the Saskatchewan Court of Appeal, the court said that:
	“The test is whether a reasonable person would believe there is a real danger of bias or whether there would be a reasonable suspicion of bias even though unintended.		“The test is whether a reasonable person would believe there is a real danger of bias or whether there would be a reasonable suspicion of bias even though unintended.

Jpboyd: /* Changing, challenging and appealing awards */

2023-04-18T23:35:00Z

Changing, challenging and appealing awards

← Older revision		Revision as of 23:35, 18 April 2023
Line 186:		Line 186:
	#the arbitrator exceeded their authority.		#the arbitrator exceeded their authority.

	It's important to know that, under section 16.18(2), you can only ask to change or cancel an award because of doubts about the arbitrator's independence or impartiality if there is a "real danger of bias" on the part of the arbitrator. In ''[https://canlii.ca/t/1prwz\|Spence v~~. Spencer and Prince Albert~~ Board of Police Commissioners]'', a 1987 decision of the Saskatchewan Court of Appeal, the court said that:		It's important to know that, under section 16.18(2), you can only ask to change or cancel an award because of doubts about the arbitrator's independence or impartiality if there is a "real danger of bias" on the part of the arbitrator. In ''[https://canlii.ca/t/1prwz\|Spence v The Board of Police Commissioners of Prince Albert]'', a 1987 decision of the Saskatchewan Court of Appeal, the court said that:
	“The test is whether a reasonable person would believe there is a real danger of bias or whether there would be a reasonable suspicion of bias even though unintended.		“The test is whether a reasonable person would believe there is a real danger of bias or whether there would be a reasonable suspicion of bias even though unintended.