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Family Law Arbitration

31 bytes removed, 00:08, 22 June 2022
Arbitration processes
When people agree or are required to arbitrate their dispute, they first pick their arbitrator. The arbitrator you choose should be someone who is an expert in family law, and perhaps even an expert in family law with special knowledge or skills concerning the most important issues in your dispute. You probably want to choose someone who has a lot of experience as an arbitrator, someone who has a good reputation in the legal community, and, most importantly, someone you see as being neutral, fair-minded and unbiased.
After picking the arbitrator, the arbitrator will ask the parties to sign a participation agreement, usually called an ''arbitration agreement.'' This agreement does three things. First, it serves as the arbitrator's retainer agreement and describes how the arbitrator will charge for their services and when they will expect to be paid. (You can read more about retainer agreements in the [[Understanding the Legal System for Family Law Matters|Understanding the Legal System]] chapter, in the [[You and Your Lawyer]] section.) Second, it describes the parties' rights and responsibilities in the process, as well as the responsibilities of the arbitrator and the scope of their authority. Third, it identifies the legal issues the arbitrator will address.
The next step is to 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. This meeting is called a ''prehearing conference'', and picking the rules that will govern the hearing is sometimes the most important part of the arbitration process. A lot of the time, the rules that people select are taken from the more important parts of the [https://canlii.ca/t/8mcr 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, the nature of their dispute, and the status of their finances. It's important to be as thoughtful as possible in deciding what rules are necessary. Arbitration can look just like going to court, but it doesn't have to. It can be a lot more focused, a lot more efficient, and a lot faster.