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Difference between revisions of "Family Law Arbitration"
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Once the documents have been exchanged and any reports have been prepared, the parties will attend one or more hearings with their arbitrator. These hearings take place in the arbitrator's office and are usually less formal than court hearings; there can be as much flexibility to the arbitration process as the parties and the arbitrator will agree to. | Once the documents have been exchanged and any reports have been prepared, the parties will attend one or more hearings with their arbitrator. These hearings take place in the arbitrator's office and are usually less formal than court hearings; there can be as much flexibility to the arbitration process as the parties and the arbitrator will agree to. | ||
At these hearings, 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 | At these hearings, 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 they should make a particular decision. | ||
After the hearing process is over, the arbitrator will provide a written decision, called an ''award'', summarizing the evidence, resolving all of the issues, and explaining why the arbitrator resolved the issues in the way | After the hearing process is over, the arbitrator will provide a written decision, called an ''award'', summarizing the evidence, resolving all of the issues, and explaining why the arbitrator resolved the issues in the way they resolved them. | ||
===The ''Arbitration Act''=== | ===The ''Arbitration Act''=== | ||
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The arbitration of family law disputes in British Columbia is governed by the provincial ''[http://canlii.ca/t/84gc Arbitration Act]'', formerly known as the ''Commercial Arbitration Act''. The highlights of the act are these: | The arbitration of family law disputes in British Columbia is governed by the provincial ''[http://canlii.ca/t/84gc Arbitration Act]'', formerly known as the ''Commercial Arbitration Act''. The highlights of the act are these: | ||
<blockquote>'''Section 1:''' An ''arbitrator'' is defined as a person who resolves a dispute referred to | <blockquote>'''Section 1:''' An ''arbitrator'' is defined as a person who resolves a dispute referred to them by the parties. An ''arbitration agreement'' is an agreement between two or more persons to have their dispute resolved by arbitration.</blockquote> | ||
<blockquote>'''Section 2:''' The act applies to commercial arbitration agreements and "any other arbitration agreement," such as family law arbitration agreements. When making decisions about children, the arbitrator must consider only the best interests of the children.</blockquote> | <blockquote>'''Section 2:''' The act applies to commercial arbitration agreements and "any other arbitration agreement," such as family law arbitration agreements. When making decisions about children, the arbitrator must consider only the best interests of the children.</blockquote> | ||
<blockquote>'''Section 9:''' An arbitrator can make interim awards on any subject at issue, such as interim awards regarding the care of children, child support, and spousal support.</blockquote> | <blockquote>'''Section 9:''' An arbitrator can make interim awards on any subject at issue, such as interim awards regarding the care of children, child support, and spousal support.</blockquote> | ||
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*[https://bcami.com/ The BC Arbitration & Mediation Institute] | *[https://bcami.com/ The BC Arbitration & Mediation Institute] | ||
As an <span class="noglossary">alternative</span>, you could try calling a family law lawyer or two and asking if | As an <span class="noglossary">alternative</span>, you could try calling a family law lawyer or two and asking if they know and could recommend anyone who arbitrates family law disputes. 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 will be able to give you some names. | ||
==Resources and links== | ==Resources and links== | ||
