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Difference between revisions of "Family Law Arbitration"
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→Changing, cancelling and appealing awards
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Otherwise, the parties and their arbitrator are free to be as creative as they want and create the rules and the process that are best-suited to the parties, their children, their dispute, their timeline, and their budget. | Otherwise, the parties and their arbitrator are free to be as creative as they want and create the rules and the process that are best-suited to the parties, their children, their dispute, their timeline, and their budget. | ||
===Changing, | ===Changing, challenging and appealing awards=== | ||
If you are unhappy with an arbitrator's decision, you might be able to ''appeal'' the arbitrator's award, in the same way that a decision of the Provincial Court can be appealed to the Supreme Court, and a decision of the Supreme Court can be appealed to the Court of Appeal. When you appeal an award, you are arguing that the arbitrator made an important mistake and that, as a result of the arbitrator's mistake, all or some of their award should be cancelled. | If you are unhappy with an arbitrator's decision, you might be able to ''appeal'' the arbitrator's award, in the same way that a decision of the Provincial Court can be appealed to the Supreme Court, and a decision of the Supreme Court can be appealed to the Court of Appeal. When you appeal an award, you are arguing that the arbitrator made an important mistake and that, as a result of the arbitrator's mistake, all or some of their award should be cancelled. | ||
There are other reasons why you might ask that an award be cancelled, usually because of flaws in the arbitration process itself. You would only | There are other reasons why you might ask that an award be cancelled, usually because of flaws in the arbitration process itself. You would only challenge an award you're unhappy with; if you're happy with the award, you're not likely to be concerned about the fairness of the arbitration process. | ||
On the other hand, you might have an award that you're happy with, but no longer works because there's been an important change in your circumstances, the circumstances of the other party or the circumstances of the children. If there has been an important change, you can apply to court to ''vary'' the award, in the same way that the court can vary a court order. | On the other hand, you might have an award that you're happy with, but no longer works because there's been an important change in your circumstances, the circumstances of the other party or the circumstances of the children. If there has been an important change, you can apply to court to ''vary'' the award, in the same way that the court can vary a court order. | ||
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You can apply to vary an award about a particular issue on the same terms as you can apply to vary a court order about that issue. This means that you need to look at the part of the ''Family Law Act'' that applies to varying orders about the particular issue you're dealing with. If your issue is about child support, for example, you need to look at section 152 of the act. Under section 152, the court may vary an order about child support for one of three reasons: | You can apply to vary an award about a particular issue on the same terms as you can apply to vary a court order about that issue. This means that you need to look at the part of the ''Family Law Act'' that applies to varying orders about the particular issue you're dealing with. If your issue is about child support, for example, you need to look at section 152 of the act. Under section 152, the court may vary an order about child support for one of three reasons: | ||
#if there has been an important change of circumstances since the child support order was made, | #if there has been an important change of circumstances since the child support order was made, usually a change about income or the children's living arrangements, | ||
#if important evidence has come to light that wasn't available at the hearing which resulted in the child support order, or | #if important evidence has come to light that wasn't available at the hearing which resulted in the child support order, or | ||
#if a lack of financial disclosure was discovered after the hearing which resulted in the child support order | #if a lack of financial disclosure was discovered after the hearing which resulted in the child support order. | ||
Section 47 of the ''Family Law Act'' is about varying orders for children's parenting arrangements, section 60 is about varying orders for contact with a child, and section 167 is about varying orders for spousal support. | |||
===Other uses of arbitration=== | ===Other uses of arbitration=== | ||
