Arbitration

Arbitration in Family Law

Arbitration is a private dispute resolution process in which a neutral decision-maker is appointed to resolve family law issues through a binding determination. In Ontario family law, arbitration is sometimes used where parties seek a more structured and decisive process than negotiation or mediation, without proceeding directly to court. While arbitration can provide clarity and finality, it is not suitable for every matter.  A clear legal overview helps situate arbitration as a strategic option rather than a default alternative to litigation.

How the law views arbitration in Ontario

Ontario law permits family law arbitration subject to specific statutory requirements and safeguards. Arbitration agreements and awards must comply with the Family Law Act, the Arbitration Act, and applicable regulations, particularly where parenting or support issues are involved. Courts retain oversight to ensure that arbitral outcomes are consistent with statutory obligations and public policy. Arbitration is consensual in nature and requires advance agreement on scope, process, and the authority of the arbitrator.

When arbitration can be effective

Arbitration can be effective where parties require a binding outcome, and the issues are clearly defined. It may be appropriate in matters involving complex financial disputes, valuation disagreements, or situations where timeliness and procedural control are important. Arbitration can also be effective where parties seek a decision-maker with subject-matter expertise and are prepared to engage in a structured, evidence-based process.  Arbitration often offers more flexibility in terms of timing and process.

When arbitration may be ineffective

Arbitration may be ineffective or inappropriate where there is a significant power imbalance, lack of informed consent, or ongoing non-disclosure. Matters involving urgent temporary relief, or issues requiring ongoing court supervision may not be well suited to arbitration.

Benefits and limitations

Arbitration offers the benefit of a private, binding process with greater procedural flexibility than court proceedings. It can provide timely resolution and finality where appropriate conditions exist. At the same time, arbitration requires upfront agreement, can involve significant cost, and may provide more limited avenues for appeal or review.   If family law disputes include the involvement of third parties who do not agree to be bound by arbitration, it may be necessary to proceed with litigation.

Implications in family law matters

Arbitration is one of several tools available to resolve family law disputes involving parenting, support, or property. Its role within a family law matter depends on timing, issue scope, and interaction with other dispute resolution options. Arbitration may be used to resolve discrete issues or, in some cases, the entirety of a matter, but should be selected in coordination with broader strategic considerations.

Our Role as Family Lawyers

Our role is to provide legal advice and representation that is proportionate to the level of conflict and complexity in the overall family law matter, including an assessment of whether arbitration is an appropriate fit for the situation. Guided by our law firm’s five-step approach, we formulate and implement a legal strategy that remains responsive to changing circumstances, ensuring the matter continues to progress efficiently toward resolution.