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-   -   Arbitration on existing order (https://www.ottawadivorce.com/forum/showthread.php?t=22377)

DiancePrinceWW 03-01-2019 12:09 AM

Arbitration on existing order
 
My ex and I will likely be going to Arbitration over the interpretation of an item in an existing order. I understand that's potentially a good use for arbitrators.

My ex is also going to challenge the core portions of the order - custody and access - as I currently have sole. Obviously I am content with that part of the order as it stands.

Am I correct in understanding that an order is deemed correct, and if I don't want it brought up in arbitration, I don't have to? I suspect the arbitrator is being used as a tool for "I don't agree with the order so I'm going to fight it".

Are there guidelines on what an arbitrator can weigh in on?

Thanks in advance.
WW


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DiancePrinceWW 03-02-2019 11:55 AM

Adding to this, I received an email from ex stating: "Just give me sole custody/access and all of this will go away"

"All of this" is the endless legal battles despite having a clear order, me being dragged into bankruptcy, etc.

Isn't this outright blackmail??

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standing on the sidelines 03-02-2019 05:29 PM

Quote:

Originally Posted by DiancePrinceWW (Post 234219)
Adding to this, I received an email from ex stating: "Just give me sole custody/access and all of this will go away"

"All of this" is the endless legal battles despite having a clear order, me being dragged into bankruptcy, etc.

Isn't this outright blackmail??

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well it would be frowned upon by a judge. At least with this email it shows how he wants to keep a battle going and maybe a judge could put some sort of restrictions on him to stop it.

Tayken 03-03-2019 10:27 AM

Quote:

Originally Posted by DiancePrinceWW (Post 234179)
My ex and I will likely be going to Arbitration over the interpretation of an item in an existing order. I understand that's potentially a good use for arbitrators.

My ex is also going to challenge the core portions of the order - custody and access - as I currently have sole. Obviously I am content with that part of the order as it stands.

Am I correct in understanding that an order is deemed correct, and if I don't want it brought up in arbitration, I don't have to? I suspect the arbitrator is being used as a tool for "I don't agree with the order so I'm going to fight it".

Are there guidelines on what an arbitrator can weigh in on?

Thanks in advance.
WW


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The great thing about arbitration is they have contracts binding what is being arbitrated. If you make sure the agreement for arbitration focuses on the key issue then, the other party will not be able to do this.

As well, all the Rules such as a material change in circumstance are applied in arbitration. They are "private judges" and operate under the rules. They do this because by law their orders just like the ones in the public court can be appealed. You want to end your career as an arbitrator. Get a CanLII posting for an appeal on one of your orders.

You are going down the right path to contain the noise. As well, arbitrators generally (in Ontario) order must stronger costs orders... Often including their fees in the order too!


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