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.