Difference between revisions of "Family Law Arbitration"
Jump to navigation
Jump to search
| Line 42: | Line 42: | ||
====Alternative processes==== | ====Alternative processes==== | ||
Arbitration processes can be as simple or as complicated as the parties want. The basic arbitration process just described looks and feels very much like the process that applies in court. However, it isn't always necessary to have witness who | Arbitration processes can be as simple or as complicated as the parties want. The basic arbitration process just described looks and feels very much like the process that applies in court. However, it isn't always necessary to have a witness who gives oral evidence, or to have any evidence at all. It isn't always necessary to have oral arguments. And, if the parties agree, awards can be given orally, rather than in writing. | ||
Here are some examples of alternative arbitration processes: | Here are some examples of alternative arbitration processes: | ||
| Line 50: | Line 50: | ||
# If an in-person hearing is necessary, the parties could agree that evidence will be provided by affidavit with the people who made the affidavits being cross-examined by the other person or their lawyer. Or, the parties could agree that only a limited number of witnesses will testify, and that each party will have a limited amount of time to examine and cross-examine each witness. | # If an in-person hearing is necessary, the parties could agree that evidence will be provided by affidavit with the people who made the affidavits being cross-examined by the other person or their lawyer. Or, the parties could agree that only a limited number of witnesses will testify, and that each party will have a limited amount of time to examine and cross-examine each witness. | ||
# If an in-person hearing is necessary and the parties agree to very few of the important facts, the parties could have an arbitration with all the bells and whistles available in litigation, with no limits on the number or amount of time for each witness. (This process will take the longest time to wrap up and also cost the most money.) | # If an in-person hearing is necessary and the parties agree to very few of the important facts, the parties could have an arbitration with all the bells and whistles available in litigation, with no limits on the number or amount of time for each witness. (This process will take the longest time to wrap up and also cost the most money.) | ||
# Where neither party is represented by a lawyer, the hearing could be in-person but be managed by the arbitrator | # Where neither party is represented by a lawyer, the hearing could be in-person but be managed completely by the arbitrator who can explore issues and ask questions. The arbitrator would work with the parties to identify the legal issues in the dispute, and then lead the examination of all of the witnesses. | ||
The only rules that ''must'' be followed in an arbitration are that the arbitrator must give each party the opportunity to make their case, and reply to the case made by the other party, and that the arbitrator must treat each party fairly and not be biased in favour of one party over the other. Otherwise, the parties and the arbitrator are free to be creative and create the rules that are best-suited to the parties, their children, their dispute and their budget. | The only rules that ''must'' be followed in an arbitration are that the arbitrator must give each party the opportunity to make their case, and reply to the case made by the other party, and that the arbitrator must treat each party fairly and not be biased in favour of one party over the other. Otherwise, the parties and the arbitrator are free to be creative and create the rules that are best-suited to the parties, their children, their dispute and their budget. | ||