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Difference between revisions of "Family Law Arbitration"
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{{JP Boyd on Family Law TOC}} | {{JP Boyd on Family Law TOC}} | ||
In arbitration, the parties hire a neutral third party, an arbitrator, to decide how a dispute should be resolved. While the job of a mediator is to help two people work towards a solution that they make for themselves, the arbitrator's job is to act like a judge and impose a resolution, after hearing evidence and listening to the arguments of each party. | NOT FINISHED. MUST BE EDITED. MUST BE REVISED TO REFLECT AMENDED CAA. In arbitration, the parties hire a neutral third party, an arbitrator, to decide how a dispute should be resolved. While the job of a mediator is to help two people work towards a solution that they make for themselves, the arbitrator's job is to act like a judge and impose a resolution, after hearing evidence and listening to the arguments of each party. | ||
This chapter provides an introduction to arbitration, discusses when to use arbitration in a family law dispute, and gives some suggestions about how to find a family law arbitrator. A list of family law arbitrators practicing in the Lower Mainland and Victoria is provided. | This chapter provides an introduction to arbitration, discusses when to use arbitration in a family law dispute, and gives some suggestions about how to find a family law arbitrator. A list of family law arbitrators practicing in the Lower Mainland and Victoria is provided. | ||
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Arbitration has a number of advantages for family law problems: | Arbitration has a number of advantages for family law problems: | ||
it allows a couple to hand-pick the particular person who will make decisions about the issues they cannot agree on | * it allows a couple to hand-pick the particular person who will make decisions about the issues they cannot agree on | ||
it allows the couple to pick the particular rules that will apply to the arbitration process and the arbitrator's decision, providing that the rules aren't too different from the usual rules of family law and providing that the result of the arbitration process would be considered reasonable under the usual rules of family law | * it allows the couple to pick the particular rules that will apply to the arbitration process and the arbitrator's decision, providing that the rules aren't too different from the usual rules of family law and providing that the result of the arbitration process would be considered reasonable under the usual rules of family law | ||
the arbitration process is private and shielded from public scrutiny | * the arbitration process is private and shielded from public scrutiny | ||
===The Process=== | ===The Process=== | ||
