What Is Arbitration in Family Law? 

If you’re in a difficult situation and are wondering what is arbitration in family law, read this article. You’ll learn about the Principles of Arbitration, Costs, and Criteria for choosing an arbitrator. You’ll also learn how to avoid common mistakes when using arbitration. And with a little help from an attorney, you can avoid the common pitfalls. In this article, we’ll take a closer look at some of the most common misconceptions surrounding arbitration. 

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Principles of arbitration 

Private ordering in family law cases has generally focused on encouraging parties to reach an agreement. But arbitration is a different kind of dispute resolution process in which the parties appoint an independent third party to decide their differences. Unlike court proceedings, however, arbitration is a collaborative process – both parties know that the decision of the arbitrator will be binding on them. It is also designed to be fast and informal, with a preference for party autonomy over court intervention. 


The procedures for arbitration in family law are determined by statute. Parties may agree to arbitrate any dispute involving family law. Some examples include division of property, claims for spousal support, and custody and child support. Usually, parties agree to arbitrate without going to court, but there are certain exceptions. The parties must affirm their agreement to arbitrate in writing before a family law arbitrator can rule on it. If the parties do not agree to arbitrate, the court will make an order to go to arbitration if the dispute arises. 


One of the first things to consider when deciding whether to pursue arbitration in family law is the cost. While the cost of arbitration is often covered by the other party, it can be substantial, and you might not want to pay the arbitrator’s fee if you are unable to resolve your dispute. Some arbitrators charge a flat fee, but this is not always the case. The fees for a family law arbitrator may be more than a hundred dollars, and they are usually shared equally between the parties. 

Criteria for selecting an arbitrator 

When selecting an arbitrator in family law, consider what he or she is likely to do for the parties. An arbitrator can make the process look more like a courtroom than an informal meeting. The process is quicker and less expensive than a trial, so it’s a good idea to choose a mediator who understands family law. Listed below are some criteria for selecting an arbitrator. 

Disclosure of award 

In Toronto, a recent article in the National Post reported on a dispute between separated parents over the vaccination of their children. While the parties are generally known by their names in court proceedings, family law arbitration provides much more privacy. The award is available only to the parties and their lawyers. Moreover, there is no right of appeal. This article will discuss how and why a family law arbitration may work for you. Continue reading below to find out more.