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Difference between revisions of "Family Law Arbitration"
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→The arbitration process
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When a couple agrees to arbitrate their dispute — you can't force someone into arbitration, it has to be voluntary — they first pick their arbitrator and then meet with the arbitrator to discuss the process leading to the arbitration hearing and pick their rules. Most of the time, the rules that people select are the more important parts of the Supreme Court Family Rules relating to evidence, experts, and procedure at trial. | When a couple agrees to arbitrate their dispute — you can't force someone into arbitration, it has to be voluntary — they first pick their arbitrator and then meet with the arbitrator to discuss the process leading to the arbitration hearing and pick their rules. Most of the time, the rules that people select are the more important parts of the Supreme Court Family Rules relating to evidence, experts, and procedure at trial. | ||
Next, the parties will exchange the documents and information that are relevant to their dispute. If child support is an issue, for example, Financial | Next, the parties will exchange the documents and information that are relevant to their dispute. If child support is an issue, for example, Financial Statemens tmight be prepared and documents like income tax returns, T4 slips and paystubs might be exchanged. If the parties cannot agree on how a child should be cared for, they might hire a psychologist to prepare a report on the parenting arrangements that will work best for the child, called a ''needs of the child assessment'', or they might hire a third-party lawyer or a social worker to talk to the child and prepare a ''views of the child report''. The nature of the documents that are important and the extent of the disclosure that is required will change, depending on the circumstances and how the parties decide to approach their dispute. | ||
Once the documents have been exchanged and any reports have been prepared, the parties will attend one or more hearings with their arbitrator. These hearings take place in the arbitrator's office and are usually less formal than court hearings; there can be as much flexibility to the arbitration process as the parties and the arbitrator will agree to. | Once the documents have been exchanged and any reports have been prepared, the parties will attend one or more hearings with their arbitrator. These hearings take place in the arbitrator's office and are usually less formal than court hearings; there can be as much flexibility to the arbitration process as the parties and the arbitrator will agree to. | ||
