Family Law Arbitration: Difference between revisions
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# Where neither party is represented by a lawyer, the hearing could be in-person but be managed completely by the arbitrator who can explore issues and ask questions. The arbitrator would work with the parties to identify the legal issues in the dispute, and then lead the examination of all of the witnesses. | # Where neither party is represented by a lawyer, the hearing could be in-person but be managed completely by the arbitrator who can explore issues and ask questions. The arbitrator would work with the parties to identify the legal issues in the dispute, and then lead the examination of all of the witnesses. | ||
The only rules that ''must'' be followed in an arbitration are that the arbitrator must give each party the opportunity to make their case, and reply to the case made by the other party, and that the arbitrator must treat each party fairly and not be biased in favour of one party over the other. Otherwise, the parties and the arbitrator are free to be creative and create the rules that are best-suited to the parties, their children, their dispute and their budget. | The only rules that ''must'' be followed in an arbitration are that the arbitrator must give each party the opportunity to make their case, and reply to the case made by the other party, and that the arbitrator must treat each party fairly and not be biased in favour of one party over the other. Otherwise, the parties and the arbitrator are free to be creative and create the rules that are best-suited to the parties, their children, their dispute, and their budget. | ||
One family law arbitrator has developed a checklist of procedural elements that is helpful for designing arbitration processes, and covers every part of the arbitration process, from deciding whether to have an in-person hearing or a hearing by videoconference, to whether and how experts will be hired, to how evidence will be presented at the hearing. The "Arbitration Rules Pick-List" is available from [https://www.boydarbitration.ca/rules-of-procedure John-Paul Boyd Arbitration Chambers]. | One family law arbitrator has developed a checklist of procedural elements that is helpful for designing arbitration processes, and covers every part of the arbitration process, from deciding whether to have an in-person hearing or a hearing by videoconference, to whether and how experts will be hired, to how evidence will be presented at the hearing. The "Arbitration Rules Pick-List" is available from [https://www.boydarbitration.ca/rules-of-procedure John-Paul Boyd Arbitration Chambers]. | ||
