Efficient Divorce -Family Arbitration in Ontario | DTSW Guide

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. Choosing between divorce arbitration vs mediation depends on the desired outcome; arbitration can create definitive closure through a binding decision, whereas mediation fosters a more collaborative resolution. 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).

In family arbitration, the arbitrator is granted the powers of a judge, making decisions based strictly on legal principles while offering a more adaptable environment than a courtroom. 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. Family arbitration can be more cost-effective and less stressful than Family Court, although it still requires entrusting the final decision to a selected arbitrator..

A complex family law dispute can be made easier with family law arbitration, which provides a structured yet adaptable environment for resolution. While divorce mediation offers a collaborative approach, family arbitration serves as a structured alternative to the traditional court system, providing private and binding resolutions for complex disputes. It’s a path that encourages independent legal advice and fosters decision-making responsibility.

In Ontario, family law arbitration is gaining recognition as a viable option for resolving family law issues. It allows both you and your former partner to present evidence and have a say in the selection of the arbitrator. A key advantage of family law arbitration is that the arbitrator’s award is legally binding, similar to a court order, making it an efficient way to resolve disputes.

However, it’s essential to remember that power imbalances, such as issues arising from domestic violence, need to be carefully managed in these settings. The best interests of the children, including parenting time and other legal issues, must always be at the forefront of any dispute resolution process.

Collaborative divorce and collaborative law are other options that can help divorcing couples resolve their disputes without going to court. These methods can be particularly beneficial when one party may not feel comfortable facing the other face to face.

The goal of family law arbitration is to minimize conflict and promote the best outcomes for all parties involved, especially for any children affected by the process. Whether it’s through mediation, arbitration, or collaborative law, the key is to find the method that works best for your unique situation. Always seek legal advice from family law lawyers before making any decisions.

Ultimately, choosing family law arbitration for resolving disputes is a personal decision based on what will work best for you, your former partner, and your family. It’s about finding the best way to move forward, for you, your former spouse, and most importantly, for your children.