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Difference between revisions of "Family Law Arbitration"
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→The arbitration process
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As well, it's often faster to arrange a date for an arbitration than for a court hearing. Although short trials of two or three days can usually be booked within eight or ten months, it can take a year or more to get a date for longer trials because the court is so busy. An arbitration hearing can be booked as soon as everyone has the free time in their calendars. | As well, it's often faster to arrange a date for an arbitration than for a court hearing. Although short trials of two or three days can usually be booked within eight or ten months, it can take a year or more to get a date for longer trials because the court is so busy. An arbitration hearing can be booked as soon as everyone has the free time in their calendars. | ||
=== | ===Arbitration processes=== | ||
When parties agree to arbitrate their dispute — you can't force someone into arbitration, it has to be voluntary — they first pick their arbitrator and then meet with the arbitrator to discuss the process leading to the arbitration hearing, decided the date and place for the hearing, and pick the rules that will govern the hearing | When parties agree to arbitrate their dispute — you can't force someone into arbitration, it has to be voluntary — they first pick their arbitrator and then meet with the arbitrator to discuss the process leading to the arbitration hearing, decided the date and place for the hearing, and pick the rules that will govern the hearing. | ||
A lot of the time, the rules that people select are taken from the more important parts of the [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/169_2009_00 Supreme Court Family Rules] that talk about evidence, experts, and hearing procedures. However, there are lots of other options. People can pick the rules that best suit the circumstances of their children, their dispute and their finances. | |||
====A basic arbitration process==== | |||
Most of the time, the next step after the initial meeting requires the parties to exchange the documents and information that are relevant to their dispute. If child support is an issue, for example, financial statements might be prepared and documents like income tax returns, T4 slips and paystubs might be exchanged. | |||
For complicated problems, the parties might also hire an expert to give an opinion about things like the value of a pension, a tax problem or the best parenting arrangements for the children. That last kind of opinion is called a ''parenting assessment'' or a ''section 211 report'', and is usually prepared by a psychologist, clinical counsellor or social worker. | For complicated problems, the parties might also hire an expert to give an opinion about things like the value of a pension, a tax problem or the best parenting arrangements for the children. That last kind of opinion is called a ''parenting assessment'' or a ''section 211 report'', and is usually prepared by a psychologist, clinical counsellor or social worker. | ||
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The nature of the documents that are important, the extent of the disclosure that is required and the type of expert opinions that are most useful will change depending on the circumstances and how the parties decide to approach the arbitration process. | The nature of the documents that are important, the extent of the disclosure that is required and the type of expert opinions that are most useful will change depending on the circumstances and how the parties decide to approach the arbitration process. | ||
Once the appropriate documents have been exchanged and any opinions have been completed, the parties will attend the hearing with their arbitrator. These hearings take place in the arbitrator's office, a boardroom in a hotel or anywhere else that's private, and are usually less formal than court hearings; arbitration processes can be as informal as the parties and the arbitrator want. | Once the appropriate documents have been exchanged and any opinions have been completed, the parties will attend the hearing with their arbitrator. These hearings can take place in the arbitrator's office, a boardroom in a hotel or anywhere else that's private, and are usually less formal than court hearings; arbitration processes can be as informal as the parties and the arbitrator want. | ||
At the hearing, each party presents their evidence, which may include witnesses who give testimony or may be limited to documents and affidavits. Each party then makes arguments to show the arbitrator why the arbitrator should resolve their family law dispute in the way they each prefer. | At the hearing, each party presents their evidence, which may include witnesses who give testimony or may be limited to documents and affidavits. Each party then makes arguments to show the arbitrator why the arbitrator should resolve their family law dispute in the way they each prefer. | ||
After the hearing process is over, the arbitrator will provide a decision, called an ''award'', summarizing the evidence and resolving all of the legal issues, and explaining why the arbitrator resolved the issues in the way they resolved them. Awards can be giving orally, if the parties agree. Most of the time, awards are given in writing. | After the hearing process is over, the arbitrator will provide a decision, called an ''award'', summarizing the evidence and resolving all of the legal issues, and explaining why the arbitrator resolved the issues in the way they resolved them. Awards can be giving orally, if the parties agree. Most of the time, awards are given in writing. | ||
====Alternative processes==== | |||
This | |||
===The ''Arbitration Act''=== | ===The ''Arbitration Act''=== | ||
