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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 03-25-2014, 11:12 PM
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Interesting to note the differences between the provinces. I believe the process can even vary from one city to another within a province.

In my case, because the arbitration was with the judge, it was relatively simple and straight forward. At the end of the day, we proceeded from the conference room and went up an elevator and into a court room. We waited for about 30 minutes. The judge entered the court room read the order and it was over within 10 minutes. So that extra step didn't take long at all. One day and it was over.
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Old 03-25-2014, 11:18 PM
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Rules of court apply to either legal process.

There are Court of Appeals cases published on CanLII for each province if one wants to see what sorts of things are grated a/o dismissed on appeal.
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Old 03-25-2014, 11:28 PM
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Another thing I like about binding arbitration is that both parties have to agree to the process. We were questioned about our willingness to accept the outcome right at the start of the day by the judge.

If you don't have all your documents with you - too bad. Arbitration goes ahead. No adjourning matters. A decision made at the end of the day. My ex didn't have half of the documents he needed to argue his case but we were quite able and willing to provide documents he required. That part was quite funny I thought.

Some people want the drama that a court room trial offers. If that's the case then arbitration isn't for you. My experience with arbitration was that it was a calm, civilized way to come to a fair and just divorce agreement. Sure there were a few heated moments but I think that is to be expected when one ends a 30 yr marriage.
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Old 03-25-2014, 11:40 PM
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Quote:
Originally Posted by WhenWillItEnd View Post
Hi,

My lawyer brought up the option of arbitration or going to court. Arbitration would be the cheaper and quicker option but it will also be binding and I will be stuck with the arbitrator's decision. With the court option I would be able to appeal if I don't like the decision.

Has anyone been through arbitration? How much input did you have during the process?

Thanks
You can appeal any decision you want (arbitration or trial) but your chances of success are not great. When you go to appeal court you are before a panel of 3 judges who basically are critiquing the judge or arbitrator who decided your case. The panel of judges are looking for errors in law. This is not an opportunity to re-try your case. If you do that you could likely end up paying substantial costs for wasting the court's time.
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