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Arbitration is a process similar to litigation in the public courts, to the extent that it involves presenting evidence and arguments about a dispute to an impartial third party, who renders a final and binding decision on the issue.
The advantages of an arbitral proceeding over the regular litigation process are many, however:
- The proceedings are private and confidential, rather than in open court;
- Parties are able to select their decision-maker (arbitrator), based on that person’s reputation, training, expertise and interest in the subject matter of the dispute;
- Parties and their counsel can agree on the commencement date for the arbitration, and on how the evidence will be presented, without being tied to the standard litigation process, court rules and the attendant costs and delay – a more summary process can be tailored to the needs and interests of the parties, when desired;
- The arbitration takes place in an office/conference room setting which provides personal comfort amenities and is less intimidating for parties than a regular courtroom;
- As a result of this level of control over the process, arbitrations can be much more expeditious and cost-effective than the standard litigation process, even after factoring in the expense of the arbitrator;
- In family law disputes, in particular, the delay caused by the requirement for a case conference before any motions can be argued, and the cost and acrimony of the entire family law process, makes private arbitration an appealing alternative;
- All of the standard legal principles applicable to the particular dispute in question, and the rules regarding admissibility of evidence, continue to operate in the arbitration process, resulting in a final and binding decision based on the law, in an expeditious and cost-effective manner.
- The right of appeal from the arbitrator’s decision, to a regular court, can be preserved if the parties wish to do so. In the case of family law disputes, recent legislative changes to the Arbitrations Act of Ontario automatically preserve the right of appeal from any arbitral award.
The senior litigators who form the mediation and arbitration panel of Alternatives to Court have decades of family law and civil litigation experience, and are pleased to be in a position to provide timely, sensitive, and respectful hearings of your dispute, and to make arbitration awards based on sound law and accepted practice.
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