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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 08-30-2011, 09:16 PM
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Default Arbitration Process

Good evening:
I'm hoping that I could get some information with regards to the Arbitration Process.
Presently, I have joint custody of my daughter and would like to move to a 50-50 shared custody arrangement.
My separation agreement indicate that issues such as this shall be put into arbitration pursuant to the Family Law Act.
I was wondering if anyone had experience with the arbitration process? Is it better than settling such matters in court? More cost effective? Can anyone suggest an arbitrator in Ottawa?
Thanks for everyone's time.
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Old 08-30-2011, 10:29 PM
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Court is free.
Arbitration runs from $200- $600 per hour.
Both can award costs.

Both parties have to explicitly agree to arbitration. In your case, due to the wording of your agreement, I'm not sure if there is any further consent required in order to initiate arbitration.

Arbitration is supposed to be a pretty well defined process, with all inputs from all parties made public to the other party, with formal opportunities to rebut/respond to claims... sort of like an actual trial process.
Court, at least until you get to trial, is a very ... um ... 'random' process. But getting to trial is a long road.

Last edited by dinkyface; 08-30-2011 at 10:33 PM.
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Old 08-31-2011, 09:55 AM
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Originally Posted by Nationcaps View Post
Good evening:
I'm hoping that I could get some information with regards to the Arbitration Process.
Presently, I have joint custody of my daughter and would like to move to a 50-50 shared custody arrangement.
My separation agreement indicate that issues such as this shall be put into arbitration pursuant to the Family Law Act.
I was wondering if anyone had experience with the arbitration process? Is it better than settling such matters in court? More cost effective? Can anyone suggest an arbitrator in Ottawa?
Thanks for everyone's time.
It all depends on the arbitration agreement. You can make it almost identical to running a trial. Everything is based on what is agreed to. Arbitration agreements can get very complex so make sure you have a solicitor go over it.

Good Luck!
Tayken
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Old 08-31-2011, 11:14 AM
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Stay away from Nathalie Picard on Montreal Rd. in Ottawa. She hosed me and the Ex for almost 7k in mediation/abitration costs.
Also she doesn't mediate, she acts like a lawyer telling you that the law is the law and there is no negotiating.
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Old 08-31-2011, 01:57 PM
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Stay away from Nathalie Picard on Montreal Rd. in Ottawa. She hosed me and the Ex for almost 7k in mediation/abitration costs.
Also she doesn't mediate, she acts like a lawyer telling you that the law is the law and there is no negotiating.
This happens a lot in mediation and arbitration agreements. The argument can be made that a mediator cannot arbitrate as the rules of the arbitration are bound in law where mediation could result in more creative agreements. The problem is that with med-arb is that at any point the problem at hand may need to be arbitrated. At that point the law becomes the primary focus as the arbitration can be appealed so the judgment for the arbitration needs to be bound to law.

So, the mediator seeing conflict although asked to act as a "mediator" may in fact be arbitrating the issue seeing no constructive resolution. It is a strange mix in my opinion (med-arb). You are asking someone to help but, if we can't figure out to solve the problem.

Now, if your arbitration agreement includes FLA, CLRA and other guide lines required for the arbitration... You will get sighted the rules and case law. It will run very much like a trial.

Good Luck!
Tayken
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Old 09-15-2011, 03:45 PM
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Thanks everyone for their posts and information. We recently met with a lawyer and it turns out that the separation agreement contained two conflicting resolution clauses and we actually may now have to seek mediation first. Both originals lawyers failed to pick it up. Plus my original lawyer failed to mention that a right of first refusal clause should be added. Ex will be getting a letter requesting a change in custody, requirements to provide tax returns, right of first refusal.. Ex is a shift worker, so my daughter is basically being raised by her grandparents.

Life is going to get really messy soon.
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