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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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  #1  
Old 10-23-2020, 05:08 PM
Stillbreathing Stillbreathing is offline
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Default Med/Arb pergatory

My lawyer sold me on trying med/arb because he said it would be significantly cheaper and faster. In fact he told me it could be said and done and over with in 3 months time. Well guess what? It’s now been 3 years with 2 mediation’s adjourned by the dark side and 5 arbitration date adjournments ( and counting) with no end in sight. Ten years is one hell of a long time to find oneself embroiled in litigation then neverending med/arb. I have come to the end of my money and the end of my credit card’s money, end of my relative’s money, and the end of my children’s education fund monies with all these adjournments. I am
Now once again self rep.

My lawyer had suggested an appeal which he is not trained to do. The appeals lawyer suggested a judicial review regarding the arbitrator’s conduct but told me I cannot do this as a self rep as it’s akin to doing dental work on yourself.
Does anyone know if a self rep can in fact request a judicial review and whether any self reps have been successful in this regard? I would like this bs over with and to get my life back!!!!!!!
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Old 10-23-2020, 08:50 PM
pinkHouses pinkHouses is offline
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OMG.
I thought you said 3 years of arbitration. What was the other 7 years?

I googled arbitrator judicial review for some light reading:

I found this. The step father brought a complaint. I did not read it all but their request for review was denied. They did mention it went through a complaint process first. I had to get it from the google cache.

http://webcache.googleusercontent.co...&ct=clnk&gl=ca

This one is just a company putting aside an arbitrator decision via judicial review:
https://www.mccarthy.ca/en/insights/...-awards-canada
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  #3  
Old 10-23-2020, 10:10 PM
Stillbreathing Stillbreathing is offline
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We spent almost 7 years in court litigation then my lawyer talked me into trying med/arb, swearing up and down it would be faster and cheaper. He said med/arb would be done within 3 months. Yes it has been 3 YEARS with no end in sight! You did read that correctly!

What a joke. We do not have a single issue resolved in all that time. Not custody, access, child support, equalization... nodda. Zip. Nothing settled. I want my life back and to be able to move forward without this albatross around my neck. But apparently I can’t even throw my hands in the air and walk away according to my former lawyer. So I’m literally stuck in Med/arb pergatory with no end in sight. I would love a detailed explanation from a family court judge how this is in the children’s best interests!

Had I committed a felony I would have been out by now! All I did was leave a brain injured man who assaulted his children and for that the children and I are serving an indefinite sentence. Sorry, I need to vent right now. Not felling quite as resilient as usual.

Last edited by Stillbreathing; 10-23-2020 at 10:40 PM.
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