arbitration
To arbitrate a family law dispute, the people involved in the dispute, the parties, must first agree to take their dispute to arbitration and then pick their arbitrator. Almost any family law problem can be arbitrated, whether the parties are already in court about the problem or not.
The arbitrator will prepare an arbitration agreement that describes the arbitration process, the duties of the arbitrator and the duties of the parties. When the parties and their lawyers have signed the agreement, the arbitrator will organize a planning meeting that can be held in person, by telephone or by video over the internet.
At this meeting, the arbitrator will work with the parties and their lawyers to make decisions about how the arbitration will be managed, including the rules that will be followed (there are lots of options to choose from, as you’ll learn about in the Arbitration Procedure page), when the arbitration hearing will happen, whether the hearing will be held in person, by telephone or by videoconference, and when the parties will exchange information and documents. The parties will also decide whether the arbitrator will first attempt to resolve their dispute using mediation before proceeding to arbitration.
At the arbitration hearing, the parties present their evidence and arguments. Depending on the rules the parties pick, evidence may be given in writing or orally through witnesses; in some cases, there is no evidence, just arguments.
After the arbitration hearing has finished, the arbitrator will prepare a written award that describes the facts and the issues in the dispute, the arbitrator’s decisions resolving those issues, and the reasons for those decisions. Arbitrators’ awards are final and binding on the parties, just like court orders, and, just like court orders, are subject to potential appeals.
Read the Mediation & Arbitration page for more information about the arbitration and mediation-arbitration services provided by John-Paul Boyd Arbitration Chambers. Go to the Participation Agreements page to download our current arbitration and mediation-arbitration agreements.
key resources
· Article: “Suggestions for lawyers taking family law cases to arbitration”
· Article: “How family law arbitrators make decisions and how to help them make the decision you want”
· Form: Intake Sheet
· Form: Financial Summary
· Form: Request to Produce Documents
· Guideline: “Process for last-best offer arbitrations”
· Guideline: “Guidelines for remote arbitration hearings”
· Tool: Arbitration Procedure Pick-List
Mediation
To mediate a dispute, everyone involved must agree to attempt mediation and then pick a mediator. Almost any family law dispute can be mediated, whether the parties are already in court about the dispute or not.
The mediator will prepare a mediation agreement that describes the terms of the mediator’s services, the duties of the parties and the issues to be resolved through mediation.
The mediator will then work with the parties and their lawyers, usually through email and teleconferences, to: clarify the issues to be resolved; pick a date for the mediation; and, decide whether any additional information and documents must be exchanged, what documents will be provided to the mediator in advance, and whether the parties or their lawyers will provide the mediator with written briefs.
At the mediation, the mediator will engage the parties in a discussion about the facts, the issues, and the options for resolving those issues, and will work to identify areas of potential compromise and opportunities for settlement.
If a settlement is reached on some or all of the issues in the dispute, the mediator will prepare a memorandum of agreement summarizing the key terms of the parties’ settlement. The lawyers will then prepare a court order or a separation agreement on the terms set out in the memorandum.
Read the Mediation & Arbitration page for more information about the mediation and mediation-arbitration services provided by John-Paul Boyd Arbitration Chambers. Go to the Participation Agreements page to download our current mediation and mediation-arbitration agreements.
key resources
· Article: “Suggestions for lawyers taking family law cases to mediation”
· Form: Intake Sheet
· Form: Financial Summary
· Guideline: “Guidelines for remote mediation meetings”
mediation-Arbitration
Mediation-arbitration processes use both mediation and arbitration to resolve a dispute. First, the parties try to resolve their dispute through mediation. But if one or more of the legal issues can’t be resolved by the parties’ agreement, those issues will be resolved through arbitration. The arbitration end of the process is available only if it’s needed, and guarantees that a dispute will be resolved no matter what.
The mediator-arbitrator will prepare a mediation-arbitration agreement that describes the terms of their services, the duties of the parties and the issues to be resolved through mediation-arbitration.
If a settlement is reached on some or all of the issues through mediation, the mediator-arbitrator will prepare a consent award that summarizes the terms of the parties’ agreement. If one or more issues are resolved through arbitration, the mediator-arbitrator will prepare an award that describes the facts and the issues in the dispute, the mediator-arbitrator’s decisions resolving those issues and the reasons for those decisions.
Read the Mediation & Arbitration page for more information about the mediation and arbitration services provided by John-Paul Boyd Arbitration Chambers. Go to the Participation Agreements page to download our current mediation-arbitration agreements.
KEY RESOURCES
· Form: Intake Sheet
· Form: Financial Summary
· Form: Request to Produce Documents
· Guideline: “Guidelines for remote arbitration hearings”
· Guideline: “Guidelines for remote mediation meetings”
· Tool: Arbitration Procedure Pick-List
parenting coordination
Parenting coordination is generally only used when the parties have a final order, final award or a final agreement about children’s parenting arrangements. The parties must either agree to hire a parenting coordinator, or be ordered by the court or an arbitrator to hire a parenting coordinator. They then pick a parenting coordinator, who is either a lawyer or a mental health professional with special training.
The parenting coordinator will prepare a parenting coordination agreement that describes the terms of the parenting coordinator’s services, the scope of the parenting coordinator’s authority, and how parenting disputes will be resolved.
Once the parenting coordination agreement has been signed, either party can contact the parenting coordinator when a problem about parenting comes up. The parenting coordinator will try to help the parents reach an agreement resolving the problem, using a process that’s a lot like mediation. However, if the problem is urgent or the parties can’t get to a settlement, the parenting coordinator will make a decision resolving the problem for them, using a process that’s a lot like arbitration.
Parenting coordinators are usually hired for fixed terms of between 6 and 24 months. They may be reappointed for further terms, if the parents and the parenting coordinator agree.
Read the Parenting Coordination page for more information about the parenting coordination services provided by John-Paul Boyd Arbitration Chambers, and the Communication Guidelines page to read about our expectations of people involved in parenting coordination. Go to the Participation Agreements page to download our current parenting coordination agreement as well as our Code of Conduct.
key resources
· Form: Authorization for Release of Information
· Form: Code of Conduct
· Form: Intake Sheet
· Model order: Appointment of Parenting Coordinator, Alberta
· Model order: Appointment of Parenting Coordinator, British Columbia