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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, 05:23 PM
arabian's Avatar
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Join Date: Jan 2011
Location: Western Canada
Posts: 9,854
arabian will become famous soon enough

WE went through an arbitration process (called JDR in Alberta - Judicial Dispute Resolution). 30 days prior to the one day with the judge (in Ontario I believe it is with a lawyer) both parties have to have their briefs submitted. There are regulations regarding the briefs. We met (both had lawyers) with judge in a conference room setting. Judge conducted the day-long process. Each side said their thing. There was calm debate. Judge had viewed documents, asked questions. At the end the judge took a break and came back in about 1/2 hour and rendered her decision. Afterwards we went into a court room where judge pronounced us DIVORCED.

Imputed income was purely mathematical. We agreed on a formula which took in consideration my ex's self-employment. Most of the day was spent on debating which expenses would be allowed on an ongoing basis. I agreed to an inputed income. Ex agreed to everything. If he didn't the judge would have made the ruling nevertheless. Sometimes all it takes (for imputing) is past 3 yrs income statements. If you are both employees it is really quite simple mathematics.

Certainly beats going through all this case conference nonsense from what I can see. Keep in mind, however, we did not have child custody issues.

I'd highly recommend arbitration. I saved over 30k by going the arbitration route. My ex is high conflict by the way. I can assure you that both my ex and I had equal opportunity present our issues.

Whether you have a judge or a lawyer as your arbitrator I don't really think it matters too much. Rules of court and arbitration are adhered to. If it is binding then the only way it can be overturned or appealed if there is an error in law. Judges are lawyers - lawyers become judges.
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