Vaughan Family Arbitration Lawyers
Family arbitration is a process where the parties in dispute agree to retain a qualified Family Arbitrator (a private adjudicator trained specifically to hear and determine family law disputes in Ontario) to hear their evidence and submissions in a private hearing.
Like litigation, the parties will be bound by the decision of the Family Arbitrator. In essence, the parties retain experienced, senior counsel to be the arbitrator who will hear their case in private. The hearing, documents, evidence, and Award remain confidential, unlike a court proceeding, which is open to the public and the documents filed in a court proceeding which are in the is public record. Family Arbitration can be beneficial to parties who are unable to resolve their matter through more collaborative processes such as negotiation or mediation and require an independent and neutral adjudicator to hear the evidence and make an Award which will bind both parties, but who wish to keep the evidence, documents and final award private.
The family lawyers at Bortolussi Family Law represent clients in family arbitration with skill and confidence. Clients are kept informed each step of the way and are provided much-needed insight into the process.
The Benefits of Family Arbitration
Arbitration is Flexible and Customizable
Arbitration is a highly flexible process, allowing the parties to choose their arbitrator, and also to agree with each other on the timing, location, and to some extent, the format of hearings. Parties must be screened independently for domestic violence so that the process can be designed to ensure the safety of all involved.
Arbitration is Efficient
Since the arbitration is not at the mercy of court schedules, arbitration can be significantly more efficient than litigation. The parties have control over the scheduling and location of hearings to a large degree, making the process more convenient as well.
Arbitration is Private
Parties who choose arbitration usually prefer to have the details of their matter and their financial affairs dealt with privately and confidentially instead of in the public court process. This can be particularly advantageous for families with considerable assets, or in prominent positions, although it can benefit any family wishing to keep the details of their family dispute out of the public eye. For example, those in a high-conflict dispute who may wish to prevent their children from accessing the details of the hearing may find considerable value in the privacy arbitration affords.
Independent Legal Advice in Arbitration
Under existing legislation, each party must obtain independent legal advice from their respective lawyers before starting the arbitration process. It is recommended that the parties each have legal counsel when setting up the arbitration process and to represent them at the hearing.
When the dispute is a “secondary dispute”, that is, where a separation agreement or court order already deals with the issue in dispute, independent legal advice may not be required.
Contact Bortolussi Family Law in Vaughan for Representation in Family Law Arbitration
At Bortolussi Family Law, our divorce lawyers are dedicated to ensuring every client makes the best choice when it comes to their dispute resolution process. We have considerable experience advocating on behalf of our clients in family arbitration. We strive to reduce stress and encourage confidence for our clients by providing clarity on every issue, so our clients know what to expect. We also excel at managing aggressive tactics from opposing parties, keeping the focus on resolving the issues at hand, and de-escalating conflict at every stage.
No matter how complex your situation or goals for the family arbitration process, we have the experience and skill to represent you in the family arbitration process. We provide the comprehensive skills of a Bay Street firm, conveniently located north of Steeles Avenue. To discuss your circumstances and learn about the options available to you, please reach out to us online or by phone at 416-987-3300.