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Difference between revisions of "Family Law Arbitration"
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This section provides an introduction to arbitration and discusses when to use arbitration in a family law dispute. It also provides some suggestions about how to find a family law arbitrator. | This section provides an introduction to arbitration and discusses when to use arbitration in a family law dispute. It also provides some suggestions about how to find a family law arbitrator. | ||
<span style="color:#D2691E">'''Important changes'''</span> <br /> | |||
Look for explanations under this heading to read about recent changes to family law affecting the information provided in this section. | |||
==Arbitration in British Columbia== | ==Arbitration in British Columbia== | ||
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When people agree or are required to arbitrate their dispute, they first pick their arbitrator. The arbitrator you choose should be someone who is an expert in family law, and perhaps even an expert in family law with special knowledge or skills concerning the most important issues in a dispute. You probably want to choose someone who has a lot of experience as an arbitrator, someone who has a good reputation in the legal community, and, most importantly, someone you see as neutral, fair-minded and unbiased. | When people agree or are required to arbitrate their dispute, they first pick their arbitrator. The arbitrator you choose should be someone who is an expert in family law, and perhaps even an expert in family law with special knowledge or skills concerning the most important issues in a dispute. You probably want to choose someone who has a lot of experience as an arbitrator, someone who has a good reputation in the legal community, and, most importantly, someone you see as neutral, fair-minded and unbiased. | ||
After picking the arbitrator, the arbitrator will ask the parties to sign a | After picking the arbitrator, the arbitrator will ask the parties to sign a participation agreement, usually called an ''arbitration agreement.'' This agreement does three things. First, it serves as the arbitrator's retainer agreement. It describes how the arbitrator will charge for their services and when the arbitrator will expect to be paid. Second, it describes the parties' rights and responsibilities in the process as well as the responsibilities of the arbitrator and the scope of their authority. Third, it summarized the legal issues the arbitrator will address. | ||
The next step is meet with the arbitrator to discuss the process leading to the arbitration hearing, decide the date and place for the hearing, and pick the rules that will govern the hearing. This meeting is called a ''prehearing conference'', and picking the rules that will govern the hearing is sometimes the most important part of the arbitration process. A lot of the time, the rules that people select are taken from the more important parts of the [http://canlii.ca/t/8q3k Supreme Court Family Rules] that talk about evidence, experts, and hearing procedures. However, there are lots of other options. People can pick the rules that best suit the circumstances of their children, the nature of their dispute, and the status of their finances. It's important to be as thoughtful as possible in decided what rules are necessary. Arbitration can look just like going to court, but it doesn't have to. It can be a lot more focussed and a lot more efficient. | The next step is meet with the arbitrator to discuss the process leading to the arbitration hearing, decide the date and place for the hearing, and pick the rules that will govern the hearing. This meeting is called a ''prehearing conference'', and picking the rules that will govern the hearing is sometimes the most important part of the arbitration process. A lot of the time, the rules that people select are taken from the more important parts of the [http://canlii.ca/t/8q3k Supreme Court Family Rules] that talk about evidence, experts, and hearing procedures. However, there are lots of other options. People can pick the rules that best suit the circumstances of their children, the nature of their dispute, and the status of their finances. It's important to be as thoughtful as possible in decided what rules are necessary. Arbitration can look just like going to court, but it doesn't have to. It can be a lot more focussed and a lot more efficient. | ||
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<blockquote>'''Section 30:''' The court can change an award for the same reasons that it can change a court order.</blockquote> | <blockquote>'''Section 30:''' The court can change an award for the same reasons that it can change a court order.</blockquote> | ||
<blockquote>'''Section 31:''' Awards in family law disputes can be appealed.</blockquote> | <blockquote>'''Section 31:''' Awards in family law disputes can be appealed.</blockquote> | ||
<span style="color:#D2691E">'''Important changes'''</span> <br /> | |||
Under recent changes to the ''Family Law Act'' that took effect on 1 September 2020, the act now provides rules about the arbitration of family law disputes in addition to its rules about parenting coordination. The arbitration of family law disputes is no longer governed by the ''Arbitration Act''. | |||
===Other ways arbitration can be used in family law disputes=== | ===Other ways arbitration can be used in family law disputes=== | ||
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Note that if the parties to faith-based arbitration wish to obtain a divorce, they must still start a court proceeding in the Supreme Court of British Columbia for a divorce order. A religious divorce, such as the Jewish Get, is not a legal divorce. | Note that if the parties to faith-based arbitration wish to obtain a divorce, they must still start a court proceeding in the Supreme Court of British Columbia for a divorce order. A religious divorce, such as the Jewish Get, is not a legal divorce. | ||
<span style="color:#D2691E">'''Important changes'''</span> <br /> | |||
Under recent changes to the ''Family Law Act'' that took effect on 1 September 2020, the act now provides rules about the arbitration of family law disputes in addition to its rules about parenting coordination. The arbitration of family law disputes is no longer governed by the ''Arbitration Act''. | |||
====Parenting coordination==== | ====Parenting coordination==== | ||
