Kirk Montoute LLP
Schedule A Confidential Consultation:
587-331-7845 | 877-563-5295
Request more information by email
Close This Form

Complete and submit the quick form to receive more information about our legal services or to request a confidential consultation with one of our legal professionals.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an lawyer-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

How does arbitration work in Alberta family law disputes?

The lawyers of Kirk Montoute LLP are experienced litigators, but our firm also helps families resolve their disputes outside of court. Litigation places the parties in opposition to one another, and that situation is not always appropriate if the goal is to come to an agreement on family law issues such as child custody.

The divorce process can be made much easier on children by greatly limiting their exposure to parental conflict. One way of doing that is for the parents to choose a form alternative dispute resolution (ADR) in order to address the range of issues that can come up when a marriage or a common-law relationship ends.

In one of our recent posts, we discussed the benefits of the ADR process of mediation. Today let's talk about arbitration, which is another form of ADR.

In effect, when divorcing spouses choose arbitration, they are choosing not to go to court and instead are hiring a private judge. Generally, the parties who choose arbitration have not been able to resolve their differences on their own, but they want to take a route that is less confrontational, less costly and less time-consuming than litigation.

In a private, out-of-court setting, the arbitrator hears each party's evidence and imposes a binding agreement that resolves the dispute. Each party may choose to be represented by his or her lawyer during the proceedings.

Often, arbitration follows mediation that did not resolve the dispute, though spouses can certainly choose to move directly into arbitration if doing so is the appropriate and most expedient option. Depending on the terms of the mediation agreement, the mediator can also be the arbitrator.

The lawyers of Kirk Montoute LLP are experienced arbitrators and mediators, and we represent clients in ADR processes, including mediation, arbitration and collaborative law.

No Comments

Leave a comment
Comment Information

Like/Follow Us On These Social Media Apps:

Go Back To The Top Of This Page