Toronto Arbitration Divorce Lawyer

Toronto Arbitration Divorce Lawyer

  • Division of Property
  • Disposing of Matrimonial Home
  • Child Support
  • Child Custody and Access
  • Spousal Support

During an arbitration, each party presents their case to an arbitrator through their respective Toronto arbitration lawyers.

The arbitrator serves as a non-biased third-party to help resolve outstanding issues and help the couple make decisions, or to make a final ruling on issues. Arbitration is a formal proceeding, just like litigation in court. Yet is conducted in a private setting, like your divorce lawyer’s office or other mutually agreed upon location.

One of the main differences between litigation in court and arbitration is the arbitrator is selected by the divorcing couple. They are free to choose any qualified person or another lawyer as long as they both agree. You do want to select an arbitrator who is very familiar with family law.

Before the arbitration meeting, each party should discuss their objectives, needs, and other concerns with their respective arbitration lawyers. It is equally important to determine the scope of the arbitration. It will be binding, although sometimes the arbitrator will try to bring about a settlement first on a more informal basis. Binding decisions mean the arbitrator’s decisions are similar to a judge’s and can only be challenged upon appeal. Like a judge’s decision, an arbitration ruling can only be challenged on the basis that the arbitrator make an error in fact or law or was biased in favour of one party.

An arbitration decision, once appealed, is then litigated in court in front of a judge. The judge will make the final decision on any outstanding issues that are appealed.

Benefits of Arbitration during a Divorce Proceeding

One of the primary benefits of arbitration is that the parties can control the timelines, choose the arbitrator and choose the subject matter of the arbitration.

Another benefit of arbitration is the divorcing couple chooses the private location where the procedure takes place and do not have to appear in court. For some couples, arbitration can help resolve issues much faster than litigation in court. The costs for arbitration tend to be less compared to litigating matters in court in front of a judge, although, keep in mind that you have to pay the arbitrator.

In addition, if the couple has already gone through mediation and resolved most matters on their own, they may only have a few issues which still need to be resolved. The mediator they chose is allowed to also serve as their arbitrator, so long as the couple agrees.

Furthermore, the Toronto divorce lawyers the couple selected for arbitration can be retained should any issues need to be litigated in court. While arbitration can be beneficial to use in certain cases, it is not always the best solution for every divorce proceeding.

Davies Law Firm reviews your different options for resolving outstanding issues to help determine which ones will be best for you to reach a final divorce and separation agreement. For further information about arbitration and if it would be right for you, please feel free to contact our Toronto law firm to schedule a consultation today.

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