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Difference between revisions of "Resolving Family Law Problems out of Court"
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Resolving Family Law Problems out of Court (view source)
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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, with no evidence apart from helpful things like financial statements and with 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, with no evidence apart from helpful things like financial statements and with no formal rules of procedure. | ||
Arbitration is governed by the ''[http://canlii.ca/t/84gc 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 provincial ''[http://canlii.ca/t/84gc 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 law arbitrators." They have to have practised as a lawyer for at least ten years and have additional training in arbitration, family violence, and power dynamics in dispute resolution processes. Lawyers who are family law arbitrators <span class="noglossary">will</span> usually advertise that they | 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 at least ten years and have additional training in arbitration, family violence, and power dynamics in dispute resolution processes. Lawyers who are family law arbitrators <span class="noglossary">will</span> usually advertise that they provide arbitration services. More information about the training requirements of family law arbitrators is set out in the Law Society's [https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/code-of-professional-conduct-for-british-columbia/appendix-b-%E2%80%93-family-law-mediation,-arbitration-and/ Code of Professional Conduct] in Appendix B, and the Law Society's [https://www.lawsociety.bc.ca/support-and-resources-for-lawyers/act-rules-and-code/law-society-rules/part-3-%E2%80%93-protection-of-the-public/#d3 Rules] at Part 3, Division 3. | ||
For a quick introduction to how to start arbitration, see [[How Do I Start Arbitration with My Spouse?]] It's located in the ''How Do I?'' part of this resource, within the section Alternatives to Court. | For a quick introduction to how to start arbitration, see [[How Do I Start Arbitration with My Spouse?]] It's located in the ''How Do I?'' part of this resource, within the section Alternatives to Court. | ||