Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Reply
 
Thread Tools
  #1  
Old 07-08-2015, 10:26 AM
Bassix Bassix is offline
Member
 
Join Date: Feb 2014
Posts: 34
Bassix is on a distinguished road
Default Arbitrator

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?
Reply With Quote
  #2  
Old 07-08-2015, 11:23 AM
good_mom good_mom is offline
Senior Member
 
Join Date: Dec 2012
Location: Ottawa
Posts: 440
good_mom is on a distinguished road
Default

A seperation agreement is a contract...you signed in agreement with the terms and now you want to change them?
Reply With Quote
  #3  
Old 07-08-2015, 11:37 AM
Bassix Bassix is offline
Member
 
Join Date: Feb 2014
Posts: 34
Bassix is on a distinguished road
Default

No just wondering what the role of the arbitrator is?
Reply With Quote
  #4  
Old 07-08-2015, 11:59 AM
HammerDad HammerDad is offline
Senior Member
 
Join Date: May 2010
Location: Hamilton
Posts: 3,892
HammerDad will become famous soon enough
Default

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.
Reply With Quote
  #5  
Old 07-08-2015, 12:47 PM
Bassix Bassix is offline
Member
 
Join Date: Feb 2014
Posts: 34
Bassix is on a distinguished road
Default

Wow thanks for the info HammerDad. Just what I was looking for.
Reply With Quote
  #6  
Old 07-08-2015, 02:09 PM
arabian's Avatar
arabian arabian is offline
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 10,657
arabian will become famous soon enough
Default

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.
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Mother sues daughters in bid to seize control of children's trust WorkingDAD General Chat 9 07-29-2011 04:18 PM
Increasing Shared Access lets_be_fair Divorce & Family Law 0 04-28-2011 09:36 AM
recommendation for mediator or arbitrator in Kitchener area lumpy Divorce & Family Law 2 09-10-2010 04:21 PM
Arbitrated decisions?? sherif28 Divorce & Family Law 2 03-05-2006 02:37 PM


All times are GMT -4. The time now is 08:04 AM.