Ontario Oakville

Ontario Oakville.ca

Divorce Arbitration

Posted by samanthas on August 6, 2012 in Oakville Ontario Services with 1 Comment


During separation and divorce, emotions run high.  Dealing with family law issues can be confusing and traumatic.  An aggressive and long legal battle can emotionally scar all parties involved.  There are alternatives to going to court that make the divorce process less damaging.  These alternative models also tend to be less expensive and quicker than court battles.

Traditional negotiation involves spouses meeting with their lawyers separately.  Lawyers provide spouses with legal advice and suggest solutions to issues that arise.  When you make a decision, your lawyer negotiates directly with your spouse’s lawyer.  In negotiation, it is the lawyers who drive the process, while the clients are giving instructions to them in the background.  Mediation is suitable for couples that prefer to discuss their options and negotiate themselves, but need the support of a neutral third party mediator to facilitate their negotiations. The mediator aids the spouses in generating solutions for each of the issues that have arisen from the divorce.  The solutions are evaluated together and the goal is reaching agreement in a civilized manner.

However, sometimes divorce cannot be resolved through negotiation or mediation.  In this case, arbitration is an option.  Arbitration is an alternative to going to court to settle these issues. Divorce arbitrators are similar to judges in that they are neutral decision makers.  Unlike mediators, they make decisions on the case that both parties are bound by.  If you and your spouse choose arbitration as the way to settle the issues that you cannot agree upon, you must abide by the arbitrator’s decisions and imposed settlements. The arbitrator will render decisions based on the law in Ontario and details involved in your case.  If you are unsatisfied with the outcome of the divorce arbitration decision, you can appeal it under certain circumstances.  This is covered by section 45 of the Arbitration Act of Ontario.  Compared to going to court, arbitration is generally faster, less costly, and less formal.

You will need to find a divorce arbitrator in Oakville or other parts of Ontario who is specially trained with lots of experience.  Diane Daly and her team offer negotiation, mediation and arbitration services for couples going through separation and divorce.  Call the team with over 20 years’ experience at (905) 844-5883.

Share