Arbitration
v Collaboration
Family
Law Arbitration is becoming increasingly popular as the way many separating
couples select to reach a separation agreement.
The big advantage Family Law Arbitration has over traditional litigation
is that arbitration is fast, fair and private.
In some jurisdictions, arbitration is called Private Judging. In Arbitration, you hire you own private
judge rather than using the expensive and public court system.
In
British Columbia, certain lawyers may become qualified under the Arbitration Act of BC to conduct family
law arbitrations. Instead of spending
tens of thousands of dollars and endless amounts of time through the court
process, couples can reach the same final enforceable resolution through
arbitration in a matter of weeks for a fraction of the cost. Final arbitral awards are converted into
judgments just as Supreme Court decisions turn into judgments that can be
enforced. Arbitrators have some of the same powers of a Supreme Court judge
such as the power to subpoena a witness.
Arbitration
and collaborative practice are similar in that they are both methods for
separating couples to reach a final and binding resolution of all legal issues
arising through their separation, without going to court.
Arbitration
and collaborative practice are similar in that they are both private. That is, all discussions in arbitration and
collaborative practice are confidential and will never be made public.
How
does family law arbitration differ from collaborative practice?
Arbitration
and litigation are similar in that in each case the parties are handing over
the decision making to a third person.
In
Collaborative Practice, the decision making always remains with the
parties. Collaborative Practice is about
building consensus. About 90% of
collaborative cases reach a final resolution, and about 10% fall out of
process. That is remarkable when you
think about it because it means in 90% of collaborative cases, the parties
reached consensus on every item and they did not need a third party to make
decisions for them.
Susan
Kurtz of the Collaborative Law Group of Nelson is qualified as a Family Law
Arbitrator, a Mediator and a Collaborative Lawyer.
