Ontario Arbitration Lawyer

Is Arbitration Right for You?

If you are looking to limit the time, expense, and stress associated with your divorce, separation, or other family law matter, arbitration may be an option to consider. With arbitration, you and the other party must both agree to pursue this alternative to court. You must sign an agreement that waives your right to court, and the arbitrator’s decision will be legally binding. Because this can be a complex process, we have included additional information below.

We welcome you to review the following information, or to call an Ontario arbitration lawyer at (905) 581-7222 for a free, confidential consultation.

The Arbitration Process in Ontario

Once you and your spouse decide to separate and/or divorce, you should take the following steps:

1. Retain a lawyer.
2. Discuss with this lawyer the different methods of alternative dispute resolution that could be employed.
3. Next, both you and your spouse must agree to engage in arbitration.
4. Once you have agreed on arbitration as the form of dispute resolution, you and your spouse or your lawyers must discuss and determine which issues will need to be arbitrated.
5. When the issues have been identified, you and your spouse must locate and select an arbitrator to which you are both agreeable.
6. Once you have agreed upon an arbitrator, either side should draft an arbitration agreement stipulating:
7. That you waive your right to go to court and litigate; and
8. The conditions surrounding the arbitration, such as:
9. Who will arbitrate;
10. Where and when the arbitration will be conducted; and
11. What issues will be arbitrated.
12. Next, both you and your spouse should be interviewed separately by an individual specially trained to recognize whether or not domestic violence is present or power imbalances exist between you. This specially trained individual may be a/an:
13. Arbitrator;
14. Lawyer;
15. Social worker;
16. Psychologist; or
17. Any other mental health professional.
18. Both parties will need to execute an arbitration agreement. Both parties must have independent legal advice in order to enter into an arbitration agreement.
19. If both you and your spouse pass the screening and it is ascertained that neither domestic violence nor power imbalances, which would prevent a person’s attendance at Arbitration, are present, you may sign the arbitration agreement thus enabling you to begin the arbitration process. After this is completed and prior to engaging in the first session of arbitration, ensure that both you and your spouse have fully disclosed all relevant documents, i.e. financial information, to secure the best possible settlement.
20. What will follow is a series of meetings during which both parties will be able to make arguments in their favour as well as present supporting evidence in the form of either documents or witnesses. These meetings will be attended by both spouses, the arbitrator and, if necessary, both lawyers. Depending on the complexity and number of issues stipulated in the arbitration agreement, one meeting may not be enough for full settlement. Unlike mediation, arbitration follows a stricter process where the parties make opening and closing statements, present evidence to support their claims, and examine and/or cross-examine witnesses, which may or may not take up a lot of time and consequently contribute to the length of the process. This may take more than one meeting, as it is impossible to say how many meetings may be needed to resolve the case.
21. Once both sides have presented their arguments and evidence supporting same, the arbitrator will consider everything and make final and binding decisions.
22. All decisions will be recorded in an arbitral award, which is legally binding and also enforceable by the courts.
23. Lastly, comply with the award and begin a new chapter in your life!

Advantages & Disadvantages of Arbitration in Family Law

There are advantages and disadvantages associated with a decision to engage in arbitration as the method of dispute resolution for your case. When you come to Feldstein Family Law Group P.C., we will take the time to review these with you, as they pertain to your specific situation. You can rely on our Ontario arbitration lawyers to provide honest, straightforward guidance when you need it.

Arbitration may offer the following advantages:

• This process most closely resembles an actual trial, however, you will not be faced with the unprecedented delays characteristic of court. Nor will you be required to abide by all the procedural formalities.
• Arbitration is considered to be more efficient and less expensive than court and you and your spouse are given the ability to select the arbitrator for your case.
• The arbitration is flexible in that the sessions are scheduled according to your and your spouse’s availability.
• A final advantage of arbitration is that it offers spouses who may not be able to cooperate with one another, or engage in meaningful discussions during mediation or collaborative family law, with a viable and confidential alternative to court, as opposed to forcing them into litigation and consequently increased costs and delays.

Arbitration may have the following disadvantages:

• Parties seeking to avoid court are still faced with an alternative that deprives them of the ability to make decisions pertaining to themselves and their children.
• Due to the adversarial nature of said process it may still create feelings of animosity or hostility between the spouses, thus making post-divorce/separation relations difficult.
• You are required to pay for your arbitrator and if you went to court you do not pay for you Judge.

The Role of a Lawyer in the Arbitration Process

In Ontario, the arbitration process serves as an alternative dispute resolution mechanism where a neutral third party, the arbitrator, makes decisions to resolve conflicts. Lawyers play a pivotal role in this process, ensuring that their clients’ rights and interests are adequately represented and protected.

One of the primary responsibilities of a lawyer in arbitration is to provide comprehensive legal advice. This involves explaining the arbitration process, including its advantages and potential drawbacks, compared to traditional litigation. Lawyers help clients understand the binding nature of arbitration decisions and the limited scope for appealing these decisions. This initial guidance is crucial for clients to make informed decisions about pursuing arbitration.

During the arbitration proceedings, lawyers are instrumental in preparing and presenting the case. This preparation includes gathering and organizing relevant evidence, drafting necessary documents, and formulating legal strategies. Lawyers ensure that all procedural requirements are met, such as filing submissions within stipulated timelines and adhering to the rules of the arbitration institution overseeing the case.

Effective representation during hearings is another critical role of lawyers in arbitration. They advocate on behalf of their clients, presenting arguments, examining witnesses, and challenging the opposing party's evidence and assertions. Lawyers use their legal expertise to construct compelling arguments and highlight the strengths of their client's case while addressing any potential weaknesses.

Additionally, lawyers often engage in negotiations and settlement discussions throughout the arbitration process. They use their negotiation skills to seek favorable outcomes for their clients, potentially resolving the dispute before the arbitrator makes a final decision. This proactive approach can save clients time, money, and emotional stress.

After an arbitration award is issued, lawyers assist in the enforcement or, if necessary, challenge of the award. They guide clients through the legal steps required to implement the arbitrator's decision or to appeal it on the limited grounds permitted under Ontario law.

Get the information needed to make the right decision about arbitration. For experienced counsel, call Feldstein Family Law Group P.C. at (905) 581-7222.