Family Arbitration in Ontario

  • Family Arbitration is better than going to Family Court, but it is expensive.

  • Arbitration in Divorce is also an adversarial process.

  • Substantially higher costs. You are paying out of pocket for the judge (the arbitrator)

  • An arbitrator is given the powers of a judge and has the right to decide your case only on the basis of the law.

  • Similar to the court process except that the parties and their lawyers choose the judge and determine the procedural steps.

Divorce in Ontario - Arbitration
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Divorce in Ontario - Arbitration

Arbitration is also an adversarial process, similar to the court process except that the parties and their lawyers choose the judge and determine the procedural steps. Arbitration of divorce issues creates the necessary closure required to move on. The downfall is that parties pay the arbitrator, who is a privately retained professional (unlike Family Court where the judge is paid by the government).

An arbitrator is given the powers of a judge and thus the right to decide your case only on the basis of the law. Creative solutions that result in an amicable divorce for your family cannot be considered. The arbitrator applies the law as he or she sees fit. It’s better than going to Family Court but it is expensive, and again you give the power to decide the case to an outside party – the arbitrator.

More about Family Arbitration

Family Arbitration

Process

Adversarial

Mediator

Absent. Only the arbitrator is present.

Financial Information

Full disclosure of financial information is mandated by an arbitrator for both parties.

The Process

  • Meetings between lawyer and client.
  • Appearances at arbitration.
  • Agreed upon by both parties.
  • Both parties will draft and sign an arbitration agreement outlining the conditions surrounding the arbitration.
  • Who will arbitrate?
  • Where the arbitration will take place.
  • Issues to be arbitrated (all issues).
  • Both parties wave their rights to go to court.

Types of cases

Time Required for Resolution

3 to 12 months. You establish the schedule with the arbitrator (private judge), but with briefs, discovery and a hearing, arbitration can still be a lengthy process. Customarily appeals are not possible.

Divorce Arbitration Costs

Substantially higher costs. Maybe even higher than the litigation process in court because in addition to discovery motions and a trial, you are paying out of pocket for the judge. But parties, or arbitrator, can issue rules to limit the expense.

Decision Maker

The Arbitrator.

Outcome

Arbitrator issues a final decision, which generally cannot be appealed.

NEXT: Collaborative Family Law

Check out Collaborative Family Law if staying out of Family Court is important to you. Part 4 of this article looks at Collaborative Family Law as a separation and divorce settlement option (2 other options to follow). Tap the LOWER COST OPTION button below to continue.

Conclusion

Divorce law in Ontario favours equalization above all else. While that gets everything off to a good start, your ability to secure a neat divorce depends on your ability to work things out in the various agreements you must sign before, during, and after your marriage ends.

Are you having trouble reaching an agreement on your finances? Do you want to avoid going before the judge and asking for help? Consider working with a family mediator who can help you end your marriage in a way that is peaceful, cost-effective, and child-focused.

Would you like to learn more? Get in touch for a Get Acquainted Call to learn more about finding a separation agreement with a soft landing.

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Ken S, Maynard CDFA
1.855.731.3500
647.360.3200

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Certified Divorce Financial Analyst & Family Mediator at
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