Family Arbitration
Family arbitration is a way of legally settling family disputes such as marriage contract, paternity cohabitation or separation agreement. All arbitrations provide private and quick dispute solutions, but unlike other mediation, it has its unique features and rules that differentiate it from other arbitration used in Ontario.
Family arbitration in Ontario is regulated according to the Arbitration Act of 1991, The Family Arbitration Regulations 134/07, the Family Law Act and the Family Law Rules and failing to abide even by minor technical requirements can render it null and void.
Arbitration Agreement
The Arbitration Act allows an oral arbitration agreement for others, but when it comes to family matters, it must be done in writing that adheres with the law and the families’ appeal rights. The parties must be confident that they got independent legal advice and the arbitrator must sign the agreement to confirm that they are qualified and certified.
Unlike other arbitrations, family arbitrations must strictly conform to the Ontario jurisdiction or other Canadian court laws or. If the mediation is done under any other law, the result will not be considered legal.
Family arbitration cannot deal with disputes that have not yet existed whereas regular arbitration can. It is not enforceable unless it is entered into after the dispute rise.
Family arbitration Conducts
Since family matters involve children, a party cannot lose its right to object any non-compliance act even if they miss a deadline whereas standard arbitration removes the party’s right to object when it is not filed within a specific time.
Arbitrators in a family arbitration are compelled to record any evidence on the matter, notes taken and also the resolutions made during the hearing. The arbitrators are also required to keep records of the certificates of independent legal advice and the results of the screening of power bias. These records must remain with the arbitrator for at least ten years after rendering the award whereas a regular domestic arbitration does not require you to follow this procedure.
Enforcement and appeals
The arbitration act is one of the most flexible legislations in appealing rights. The families can decide if the award final and binding with no right petition or if it is liable to appeal on questions of law, facts or both. It can be called to the family court under the proper jurisdiction wherever the case is filed, and it must abide by the Family Law Rules, but regular domestic arbitration is applied under the Rules of Civil Procedure. When an appeal is required in family arbitration, it must be claimed under Rule 38.46 of the Family Law Rules.
Enforcing an award requires the party pursuing enforcement must bring an application under Rule 32.1 of the Family Law Rule if there are no other ongoing family law proceedings.
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