What is Arbitration and how does it work?


If the parties are unable to reach an agreement either through negotiation or mediation, they may not have any other choice but have a third party settle their dispute for them. Often, there is the mistaken belief that this means having to go to court and having a judge decide but Arbitration offers a private and timelier alternative.

In an Arbitration process the parties must agree to appoint a third party as their “Arbitrator” and will authorize the Arbitrator to make decisions regarding the dispute in very much the same manner as a judge would.   Decisions are made after the parties have had an opportunity to present their information and evidence to the Arbitrator in a formal process similar to a court hearing.  The parties may do so with or without the assistance of lawyers however it is strongly recommended that, at a minimum, the parties have consulted with a lawyer prior to the Arbitration to ensure that they have better understanding of their legal rights and obligations as well as how to best present the information they wish to rely on in support of their position.

The Arbitrators at Matkovic Allan LLP are trained and experienced family law lawyers who understand the complexities and challenges faced by families going through difficult transitions.  In choosing the Arbitration process the parties will have a choice as to who will make decisions regarding issues that will have significant impact on their family and will further have input into the best process for making such decisions.

Often it is possible to combine the Arbitration process with mediation to allow the parties to reach a settlement with the assistance of the Arbitrator prior to having any decisions imposed but with the knowledge that if they are unable to settle some or all of the issues in dispute, there will be a mechanism in place to resolve the matter in a fair and timely basis.

The lawyers at Matkovic Allan LLP have successfully and effectively assisted and represented clients in Arbitration and our senior lawyers are further trained and experienced Arbitrators who will ensure that parties have a fair and timely process in which to resolve their disputes.   If you wish to discuss whether Arbitration is an option for your family, any of our lawyers would be happy to provide you with further information.

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