2,667
edits
Difference between revisions of "Family Law Arbitration"
From Clicklaw Wikibooks
→Introduction
Nate Russell (talk | contribs) |
|||
| Line 11: | Line 11: | ||
Like mediation and collaborative negotiation, arbitration is a voluntary process. The parties to a dispute must all ''agree'' to use arbitration to resolve their legal dispute. Like those processes, arbitration is also an out-of-court way of resolving problems. However, that's where the similarities between arbitration, mediation and collaborative negotiation end. While the parties to a dispute may have agreed to use arbitration to resolve their dispute, it's the ''arbitrator'' who resolves their dispute, not the parties themselves. | Like mediation and collaborative negotiation, arbitration is a voluntary process. The parties to a dispute must all ''agree'' to use arbitration to resolve their legal dispute. Like those processes, arbitration is also an out-of-court way of resolving problems. However, that's where the similarities between arbitration, mediation and collaborative negotiation end. While the parties to a dispute may have agreed to use arbitration to resolve their dispute, it's the ''arbitrator'' who resolves their dispute, not the parties themselves. | ||
Before the new ''[[Family Law Act]]'' became law in British Columbia, arbitration was rarely used in family law disputes | Before the new ''[[Family Law Act]]'' became law in British Columbia, arbitration was rarely used in family law disputes. Arbitration was most frequently used in the context of commercial, labour, and construction disputes. In other places, such as Ontario and Alberta, the arbitration of family law disputes is well-established and has been for some time. The ''Family Law Act'', however, made a number of changes to the law that improved the usefulness of arbitration for family law disputes in British Columbia, and the number of people choosing arbitration over going to court has been increasing as a result. | ||
Arbitration offers a number of advantages for resolving family law problems: | Arbitration offers a number of advantages for resolving family law problems: | ||
