2,443
edits
Difference between revisions of "How Do I Start Arbitration with My Spouse?"
From Clicklaw Wikibooks
How Do I Start Arbitration with My Spouse? (view source)
Revision as of 03:47, 27 April 2013
, 03:47, 27 April 2013no edit summary
Gayla Reid (talk | contribs) m |
Gayla Reid (talk | contribs) m |
||
| Line 4: | Line 4: | ||
==Pick the right moment== | ==Pick the right moment== | ||
You can't force your ex to go to arbitration with you, you can only do it with his or her agreement | You can't force your ex to go to arbitration with you, you can only do it with his or her agreement. Your ex isn't likely to agree to arbitration if he or she is still pissed off about a recent <span class="noglossary">argument</span> or is still resentful about the end of the relationship. | ||
When you've got the right moment, suggesting arbitration can be as simple as calling your ex up and inviting him or her out for a cup of coffee at the local Tim Hortons: | When you've got the right moment, suggesting arbitration can be as simple as calling your ex up and inviting him or her out for a cup of coffee at the local Tim Hortons: | ||
| Line 13: | Line 13: | ||
*arbitration is private, there is no court file and the hearing is not open to the public, | *arbitration is private, there is no court file and the hearing is not open to the public, | ||
*you can arbitrate with the | *you can arbitrate with the help of lawyers or on your own, | ||
*you can pick an arbitrator who's an expert in the issues that are the most challenging for your family, | *you can pick an arbitrator who's an expert in the issues that are the most challenging for your family, | ||
*you can get the help of professionals like child psychologists, business valuators and tax planners, | *you can get the help of professionals like child psychologists, business valuators, and tax planners, | ||
*with input of the arbitrator, you can design the rules that <span class="noglossary">will</span> apply to your hearing, | *with input of the arbitrator, you can design the rules that <span class="noglossary">will</span> apply to your hearing, | ||
*with input of the arbitrator, you can decide on the amount of disclosure that <span class="noglossary">will</span> be needed for your hearing, | *with input of the arbitrator, you can decide on the amount of disclosure that <span class="noglossary">will</span> be needed for your hearing, | ||
| Line 22: | Line 22: | ||
*with faster hearings and more efficient process to get there, arbitration is cheaper than litigation. | *with faster hearings and more efficient process to get there, arbitration is cheaper than litigation. | ||
Going to trial <span class="noglossary">will</span> cost a minimum of $15,000 in lawyer's fees for a two- or three-day trial. Most family law trials are one or two weeks long, and this figure ignores the <span class="noglossary">costs</span> of all the other things that have to happen before you walk into | Going to trial <span class="noglossary">will</span> cost a minimum of $15,000 in lawyer's fees for a two- or three-day trial. Most family law trials are one or two weeks long, and this figure ignores the <span class="noglossary">costs</span> of all the other things that have to happen before you walk into the courtroom on day one! | ||
If this doesn't get your ex to agree to try arbitration, tell him or her to ask separated friends, family members and co-workers how much it cost for their court proceedings and how long it took to go from start to finish. | If this doesn't get your ex to agree to try arbitration, tell him or her to ask separated friends, family members and co-workers how much it cost for their court proceedings and how long it took to go from start to finish. | ||
| Line 30: | Line 30: | ||
Now that your ex has agreed to try arbitration, strike while the iron is hot: find an arbitrator and book a pre-arbitration meeting immediately. | Now that your ex has agreed to try arbitration, strike while the iron is hot: find an arbitrator and book a pre-arbitration meeting immediately. | ||
Before hiring an arbitrator, make sure you've looked into his or her background to | Before hiring an arbitrator, make sure you've looked into his or her background to find out if they have special training. | ||
Lawyers who have training and are accredited to arbitrate by the Law Society are called family law arbitrators, and they <span class="noglossary">will</span> usually advertise themselves as such. | |||
When picking a mediator, go to the website of a professional association like the Family Law Arbitrators Group. Associations like this <span class="noglossary">will</span> have a list of their members, the training and experience they require for membership and a short biography of each member. If that doesn't work, call a family law lawyer. Most family law lawyers <span class="noglossary">will</span> know one or two arbitrators they can recommend, and <span class="noglossary">will</span> be happy to give you the arbitrators' names and phone numbers. | When picking a mediator, go to the website of a professional association like the Family Law Arbitrators Group. Associations like this <span class="noglossary">will</span> have a list of their members, the training and experience they require for membership and a short biography of each member. If that doesn't work, call a family law lawyer. Most family law lawyers <span class="noglossary">will</span> know one or two arbitrators they can recommend, and <span class="noglossary">will</span> be happy to give you the arbitrators' names and phone numbers. | ||
