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KW_Divorced 07-28-2017 10:21 AM

Arbitration
 
My ex has decided to terminate mediation and proceed to arbitration after 5 years of back and forth with no resolution.

She didn't like the SA that both parties signed (with counsel fully involved on both sides) almost as soon as the ink was dry and is battling on all sorts of issues (retro C/S, retro S7, retro spousal).

What is funny is that all children are done school and 2 of 3 are now working full time and one has paid off all school loans already and all want no further help.

My lawyer is preparing very well for this and believe we have strong arguments and so far, no one on both sides are biting on any offers to settle.

Any advice on how to dress, behave, and styles of questioning/answering? I hear it's a lot like court, except the arbitrator is a very experienced Family Law professional so hopefully the result will be OK!

Thanks!

OrleansLawyer 07-28-2017 01:30 PM

Quote:

Any advice on how to dress, behave, and styles of questioning/answering?
Ask for your lawyer to prep you as a witness. Depending on your funds, they may do a mock-examination in chief with you, and have a colleague do a mock-cross examination.

It is good practice for a lawyer and client-witness to meet to discuss, at the very least, the flow of the questioning, the major topics, the transition questions and the "come back from left field" questions.

arabian 07-28-2017 04:26 PM

My arbitration was fairly casual.
Just be sure it is a "binding" arbitration or you will be wasting your time yet again (mediation is a huge waste of time IMO).

KW_Divorced 07-29-2017 06:52 AM

Thanks for the replies. I am meeting my lawyer for 4 hours on Monday, so I presume it will mainly be for preparation, etc.

How do I know whether this is "binding" arbitration? And I agree, mediation accomplished absolutely nothing over than padding the lawyers' pockets.

arabian 07-29-2017 02:20 PM

You will know it's 'binding' arbitration as the decision rendered by the arbitrator is final... or if the decision the two of you arrive at, during the arbitration, is final.

You will be told it is binding by the arbitrator at the start of the proceeding. If not make sure you ask your lawyer or the arbitrator. Typically the arbitrator will start off by asking both parties if they agree that they agree to 'binding' arbitration.

If your lawyer did not explain this to you then I would not be surprised if you are, once again, wasting your time and money (like mediation, 4-way meetings, etc.).

KW_Divorced 07-29-2017 02:47 PM

Thanks Arabian. All good advice. I changed lawyers last year (last one was a dud) and has been way more on the ball. I will definitely ask him on Monday.

Interestingly enough, I was looking at the med/arb agreement my ex and I signed and it does say appeals can be filed.

arabian 07-29-2017 09:05 PM

Appeal to the arbitrator or appeal to Court of Appeal Ontario?

Appeals can be filed for anything but likelihood of success is another thing. Read up on Court of Appeal.... you have to prove an error in law - in Court of Appeal it is not for when you dislike the ruling.

What you are looking for is assurance that this is "binding arbitration." Your lawyer should know the answer.

I have never heard of there being outside witnesses at binding arbitration nor have I ever heard of proceedings being recorded. Heavy emphasis is on submissions.

KW_Divorced 07-30-2017 07:08 AM

Excerpt from my Med/Arb Agreement:

AWARD
10. Subject to the right of judicial review, the Arbitrator’s Award shall be final and binding upon
the parties and shall be incorporated in a consent Order or Judgment, as the case may be, of
the Ontario Superior Court of Justice, in accordance with the Arbitration Act and the Family
Law Act.
10.1 Any award may be appealed as follows:
6
A party may appeal the award on,
A. a question of law;
B. a question of fact, or
C. a question of mixed fact and law.


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