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Difference between revisions of "Family Law Arbitration"
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→Arbitration in British Columbia
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Arbitration has a number of advantages for resolving family law problems: | Arbitration has a number of advantages for resolving family law problems: | ||
#It allows the parties to hand-pick the particular person who will make decisions about the issues they cannot agree on, which means that they might pick an arbitrator who is not just an expert family law lawyer, but a lawyer with special knowledge of, for example, the care of children, tax problems or property issues. | #It allows the parties to hand-pick the particular person who will make decisions about the issues they cannot agree on, which means that they might pick an arbitrator who is not just an expert family law lawyer, but a lawyer with special knowledge of, for example, the care of children, tax problems, or property issues. | ||
#It allows the couple to pick the particular rules that will apply to the hearing and the decision-making process. | #It allows the couple to pick the particular rules that will apply to the hearing and the decision-making process. | ||
#The arbitration process is private, confidential and closed to the public. | #The arbitration process is private, confidential, and closed to the public. | ||
#The result of the process is an award that is just as binding as a court order and is enforceable just like a court order. | #The result of the process is an award that is just as binding as a court order and is enforceable just like a court order. | ||
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===Arbitration processes=== | ===Arbitration processes=== | ||
When parties agree 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, | When parties agree 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, decide the date and place for the hearing, and pick the rules that will govern the hearing. | ||
A lot of the time, the rules that people select are taken from the more important parts of the [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/169_2009_00 Supreme Court Family Rules] that talk about evidence, experts, and hearing procedures. However, there are lots of other options. People can pick the rules that best suit the circumstances of their children, their dispute and their finances. | A lot of the time, the rules that people select are taken from the more important parts of the [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/169_2009_00 Supreme Court Family Rules] that talk about evidence, experts, and hearing procedures. However, there are lots of other options. People can pick the rules that best suit the circumstances of their children, their dispute, and their finances. | ||
====An outline of the basic arbitration process==== | ====An outline of the basic arbitration process==== | ||
