Arbitration

Arbitration is very similar to going to court, in that both sides present their case to a third person and then allow him or her to decide the matters in dispute. The process is often more formal than collaborative practice and mediation, with rules for evidence and a more rigid structure. The main difference between it and the regular court system is that it is private and that you choose the arbitrator.

Before beginning arbitration, you and your partner will discuss possible forms of appeal if arbitration does not work. You will also choose whether the arbitration will be binding or non-binding. If it is binding, the arbitrator's decision is enforceable.

At MacDonald & Partners LLP, we encourage the use of family law arbitration if it's the right process for your separation. Our lawyers will discuss the many advantages and disadvantages of family law and divorce arbitration services, including:

When you choose your arbitrator for family law disputes, you may be able to choose someone who is particularly familiar with an area of importance to your case such as family-owned businesses or pensions.
You must pay the arbitrator's fees as well as your lawyer's fees, which may make the process more expensive than litigation in some circumstances.
The family arbitration process may be considerably faster than regular litigation.
If you choose to engage in mediation/arbitration, in which the mediator can become the arbitrator if you are unable to reach resolution on any of your issues, the arbitrator will be familiar with your situation, which may save a great deal of time.
If you are not satisfied with your mediator in mediation/arbitration, you may not be pleased that he or she has the power to decide your remaining issues as arbitrator.