Arbitration

Overview

Arbitration in family law is an adversarial method where both parties agree to resolve their legal issues without going to court. Together with their lawyers, each party argues their case before a neutral third-party (ie. the arbitrator), and the arbitrator ultimately decides the outcome of the case. Arbitration is a private proceeding that occurs in private offices (or virtual) with various types of professionals within the private sector. The parties can also choose the arbitrator, date, and location of the arbitration. Both parties must agree to arbitration before starting the process and neither party can withdraw because participation is mandatory (once started). The legal proceeding ends when both parties reach a settlement, or when the arbitrator makes a final decision.

Pros

• Fast – You can reach a settlement within a few weeks or months.
• Compliance – Your (ex)spouse must comply with the process (and final decision), even when cooperation is low (or not possible).
• Choice – You can select an arbitrator who has expertise relevant to your specific situation.
• Private – Your information is not part of the public record or accessible by the general population (or media).

Cons

• Expensive – Resolving your legal issues may cost tens (or hundreds) of thousands of dollars depending on the level of conflict and/or complexity of your issues.
• Consent – Your (ex)spouse must agree to use arbitration.

Is Arbitration Right for You?

Generally, arbitration may be appropriate when other legal methods have proven unsuccessful or unsuitable, but the parties continue to express a mutual desire to settle their legal dispute without going to court. Arbitration is not appropriate if your (ex)spouse does not want to consent to the method.