Family Arbitration is the form of ADR which is most similar to the Court process, in that trained family arbitrators have the authority to make binding decisions to resolve family law issues.  Family arbitration is not a collaborative process.  Rather, it involves the presentation of information either in written or oral form, with or without the involvement of lawyers, to the arbitrator.  The arbitrator then considers the information and renders a decision.  Participants to family arbitration must agree on the “rules” (i.e., whether to involve lawyers, how submissions will be made, etc.) prior to beginning the arbitration process. 

Because family arbitrators have the significant responsibility of decision-making, their training and experience requirements are greater than those of other ADR professionals.  Family arbitrators must be lawyers with at least 10 years’ experience in family law and must complete specialized training in arbitration, including training in decision-making and family violence.

For more information about family arbitration or for a referral to a family arbitrator, please reach out to our family law team at www.mckercher.ca/familylawsask.