Difference between revisions of "Family Law Arbitration"

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====An outline of the basic arbitration process====
====An outline of the 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.  
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.


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, the legal issues 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, the legal issues, 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 and with their lawyers, if they have any. 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 formal or 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 and with their lawyers, if they have any. 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 formal or informal as the parties and the arbitrator want.  


At the hearing, each party makes an opening argument describing the evidence that will be given and then presents their evidence. The parties' evidence usually consists of the testimony of witnesses, documents and affidavits. Each party then makes a closing argument to show the arbitrator why the arbitrator should resolve their dispute in the way they each prefer.
At the hearing, each party makes an opening argument describing the evidence that will be given and then presents their evidence. The parties' evidence usually consists of the testimony of witnesses, documents, and affidavits. Each party then makes a closing argument to show the arbitrator why the arbitrator should resolve their dispute in the way they each prefer.


After the hearing process is over, the arbitrator will provide a written 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.  
After the hearing process is over, the arbitrator will provide a written 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.


====Alternative processes====
====Alternative processes====