Divorce
Arbitration
A Neutral Individual to Resolve Difficult Issues
At Soby Boyden Lenz we have represented clients at arbitration hearings and also have acted as arbitrators in family law disputes.
An arbitrator is a person who is chosen by both parties to make a decision about an issue that they have been unable to resolve.
The
Arbitrator
Is chosen by the parties and appointed by written agreement that sets out the following:
- The issue(s) to be resolved
- Pre-hearing procedural matters
- The fee to be charged by the arbitrator
- The date and place of the hearing
- When the decision will be released
- What appeal is available (if any)
- Is impartial
- Makes a decision after hearing evidence and argument
- Is bound by the rules of natural justice regarding notice and fairness
Divorce Arbitration
Provides
- A private forum in which to resolve disputes
- The choice of a decision-maker with a specialized background in the area of dispute
- Flexibility of format —
- As formal as a trial in court
- As informal as the parties prefer
- Parties may have legal counsel or not
- Arbitration can be structured to suit the dispute
- Arbitration can deal with pre-hearing issues; for example: disclosure of information, exchange of documents, expert reports and interim arrangements, if desired
- Flexibility in timing of hearings
- Certainty around the timing of the decision
- A final and binding decision – appeal is very limited unless specifically provided for in the Arbitration Agreement
- An arbitration award that is enforceable by the Court of King’s Bench of Alberta
- A pre-determined method of resolving possible future disputes
