Family Law Arbitration: Difference between revisions
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→Changing 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 and appealing awards=== | ===Changing, cancelling 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. | |||
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 apply to cancel 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. | |||
====Changing awards==== | |||
Under section 19.18(3) of the [[Family Law Act]], you can apply to the Supreme Court to change, suspend or cancel all or some of an arbitrator's award when there has been an imoprtant change in circumstances after the award was made. This is called "varying" an award. | |||
You can apply to vary an award on the same terms as you can apply to vary a court order. | |||
===Other uses of arbitration=== | ===Other uses of arbitration=== |