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:
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.
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.
The main benefits of divorce arbitration over litigation include:
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.
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:
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.
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:
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.
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.
