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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 07-08-2015, 10:26 AM
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What exactly does an arbitrator do as opposed to a lawyer?

Now that my sep agreement is completed do I go through the arbitrator now?
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Old 07-08-2015, 11:23 AM
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A seperation agreement is a contract...you signed in agreement with the terms and now you want to change them?
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Old 07-08-2015, 11:37 AM
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No just wondering what the role of the arbitrator is?
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Old 07-08-2015, 11:59 AM
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Quote:
Originally Posted by Bassix View Post
No just wondering what the role of the arbitrator is?
An arbitrator is an outside individual whom you and your ex would employ to make decisions in the event you had a dispute. They may be a lawyer or a judge, but will likely have some sort of arbitrator designation/training.

They are similar to a judge in capacity. You and your ex provide your sides of the story/issue to them, and they make a decision. Unless your agreement/order provides otherwise, an arbitrators decision is generally binding. You may be able to appeal their decision in court, but you are taking your chances that the decision is upheld and the ramifications if it is (ie. possibly having to pay the other sides legal fees).

An arbitrator is not a mediator. They are not there to negotiate a decision between you, although that may happen anyway. They are there to hear your reasoning on a specific issue and make a decision based on the terms of the arbitration agreement/your order etc.
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Old 07-08-2015, 12:47 PM
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Wow thanks for the info HammerDad. Just what I was looking for.
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Old 07-08-2015, 02:09 PM
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Look up and familiarize yourself with "binding arbitration" and "non-binding arbitration". Also check your provincial Rules of Court and see if there are any pertinent references in there for procedures.
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