Duncan Divorce Arbitration Lawyers

Divorce Arbitration Lawyers in Duncan, BC

Couples going through a divorce in British Columbia often encounter some areas of dispute.

These are generally issues such as property division, child custody, spousal support, and so on: the key practical and emotional issues that are frequent points of contention in separation agreements.

Failure to tackle these issues early on can see them decided in court with a drawn-out litigation process that may not be in anybody’s best interests.

It needn’t end up like this.

There are other options available to you, usually termed Alternative Dispute Resolutions.

Apart from litigation, you have the options of:

Collaboration between your lawyers
Divorce mediation with an independent mediator
Arbitration through a professional arbitrator

Divorce arbitration can be especially beneficial if neither mediation nor collaboration has resulted in an acceptable agreement.

It is a possible final step in order to avoid litigation.

Divorce arbitration vs divorce mediation

Many divorcing couples confuse arbitration and mediation. There are some important differences.

With divorce mediation, a couple hires an independent mediator in an attempt to work towards a settlement.

The decisions are all of their own makings. The mediator acts essentially as a facilitator of this arrangement and, if there is no agreement, another method must be sought (usually arbitration or litigation).

Arbitration involves an independent adjudicator: essentially a private judge who will listen to and examine evidence from both sides of the argument and then reach a decision deemed to be fair.

Both parties agree in writing to abide by the arbitrator’s decision, which is considered to be legally binding.

Decisions from arbitrators are extremely difficult to appeal through the Alberta court system and are granted only in compelling circumstances.

Benefits of divorce arbitration vs litigation

The main benefits of divorce arbitration over litigation include:

The ability to choose the arbitrator yourselves
It is generally less expensive and time-consuming
It is usually less adversarial than a trial
It is less stressful on spouses and children
It is less formal, which better suits some couples
The proceedings and decisions remain private and confidential

Note that arbitration requires consent from both parties to proceed, while litigation does not.

Note also that once the arbitration process begins, both spouses must see it through until a resolution is reached, the arbitrator resigns, or the arbitrator is removed by a court order.

What can a divorce arbitrator do?

In British Columbia, a divorce arbitrator plays a crucial role in resolving disputes between divorcing couples outside of court. Divorce arbitration is an alternative dispute resolution process that offers several benefits to parties seeking a more efficient and private resolution to their divorce matters. Here’s what a divorce arbitrator can do in BC:

Impartial Resolution: A divorce arbitrator is a neutral third party who assists couples in resolving their divorce-related issues, such as property division, child custody, and support. They provide an impartial perspective and facilitate fair discussions.
Flexible Process: Unlike court proceedings, divorce arbitration allows for a more flexible process, where parties can choose the arbitrator, schedule hearings, and decide the rules governing the arbitration.
Privacy and Confidentiality: Arbitration proceedings are conducted in private, offering couples a level of confidentiality not available in traditional court litigation. This can be particularly beneficial for high-profile individuals or those seeking to keep personal matters out of the public eye.
Expertise: Arbitrators are often experienced family law lawyers or retired judges with specialized knowledge in family law matters. Their expertise ensures that both parties’ rights and interests are considered during the decision-making process.
Binding Decision: Once a divorce arbitration is concluded, the arbitrator’s decision is legally binding on the parties, similar to a court judgment. This provides certainty and finality to the resolution, avoiding the potential for prolonged disputes.
Streamlined Timeline: Divorce arbitration typically offers a more streamlined timeline compared to court litigation, allowing couples to reach a resolution more quickly and efficiently.
Cost-Effective: While there are costs associated with divorce arbitration, it can often be more cost-effective than going through a lengthy court battle, especially when complex issues are involved.
Child-Centered Approach: Divorce arbitrators in BC prioritize the best interests of the child in custody and support matters, helping parents create practical and sustainable parenting arrangements.
Enforcement: The arbitral award can be enforced by the court, providing an additional layer of reliability to the process.

Overall, divorce arbitration in British Columbia offers a viable alternative to traditional court proceedings, providing divorcing couples with a more personalized, efficient, and confidential approach to resolving their disputes. It is essential to consult with a qualified family lawyer in BC to understand if divorce arbitration is the right option for your specific circumstances.

How does arbitration in divorce work?

In Alberta, if you are committed to divorce arbitration, the process can be conducted within the privacy of a lawyer’s office.

This is very different to the litigation process, which is usually conducted in a public court and which is usually a much more formal process.

Your lawyers may or may not be present during the arbitration process. Most couples choose for their lawyers to attend as they would a trial in court.

During the arbitration process, you will usually be guided through a series of steps by the arbitrator:

Introductions, setting of the ground rules and clarification of processes
Mediation is sometimes attempted prior to the arbitration starting
Presentation of evidence (this may include testimony from witnesses, documentation, or simply written submissions from your lawyers)
Summary of each spouse’s position and argument
Deliberation and decision from the arbitrator
The award from the arbitrator may then be turned into a court order

The costs of divorce arbitration are generally shared between the spouses, depending on their ability to pay.

An arbitrator may charge an hourly rate that is usually similar to the rate for hiring a lawyer.

Contact us for an arbitrated divorce solution

Jennings Family Law provides a free initial consultation to help you decide if divorce arbitration is suitable for your case.

If so, we can help you choose an experienced arbitrator, prepare the necessary documentation, and represent you so that you can arrive at an equitable solution.

Start the arbitration process now by booking your consultation by calling (403) 316-0138 or email warren@jenningsfamilylaw.com.