7,394
edits
Difference between revisions of "Resolving Family Law Problems out of Court"
Jump to navigation
Jump to search
Resolving Family Law Problems out of Court (view source)
Revision as of 00:28, 28 March 2013
, 00:28, 28 March 2013→Arbitration
Nate Russell (talk | contribs) |
Nate Russell (talk | contribs) |
||
| Line 86: | Line 86: | ||
Arbitration is a lot more formal than mediation, because the arbitration process can be very much like the court process. Each party presents evidence and arguments, and tries to persuade the arbitrator that their position is the right one. Mediation, on the other hand, is often more like a conversation, and there is no evidence and no formal rules of procedure. | Arbitration is a lot more formal than mediation, because the arbitration process can be very much like the court process. Each party presents evidence and arguments, and tries to persuade the arbitrator that their position is the right one. Mediation, on the other hand, is often more like a conversation, and there is no evidence and no formal rules of procedure. | ||
Arbitration is governed by the ''Arbitration Act'', and is, like mediation and collaborative processes, one of the dispute resolution processes that the court can refer people to under the ''Family Law Act''. | Arbitration is governed by the ''[http://canlii.ca/t/84gc Commercial Arbitration Act]]'', and is, like mediation and collaborative processes, one of the dispute resolution processes that the court can refer people to under the ''[[Family Law Act]]''. | ||
Some lawyers also work as arbitrators. Lawyers who work as arbitrators are called "family | Some lawyers also work as arbitrators. Lawyers who work as arbitrators are called "family law arbitrators." They have to have practised as a lawyer for ten years and have additional training in arbitration, family violence, and power dynamics in dispute resolution processes. Lawyers who are family law arbitrators will usually advertise that they are both litigators and arbitrators. More information about the training requirements of family law arbitrators is available at from the Law Society and the report of the Family Law Task Force from September 2012, titled [http://www.lawsociety.bc.ca/docs/publications/reports/FamilyLawTF_2012.pdf Qualifications for Lawyers Acting as Arbitrators, Mediators, and/or Parenting Coordinators in Family Law Matters]. | ||
===Using Mediation and Arbitration Together=== | ===Using Mediation and Arbitration Together=== | ||