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ARTICLE · 08 MAY 2017

Think Of Arbitration As A Creative Multi-Tool

Torkin Manes LLP
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Apart from the well-known advantages of arbitration in the resolution of family law disputes, arbitration allows for a number of creative options that can meet the needs of the parties.

CanadaFamily and Matrimonial
Lorne Wolfson
Lorne Wolfson
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Apart from the well-known advantages of arbitration in the resolution of family law disputes (accessibility, costs savings, timely resolution, limited appeal rights and the ability to choose both the arbitrator and the procedure for the arbitration), arbitration allows for a number of creative options that can meet the needs of the parties.

Types of hearings

While most arbitrations will feature a hearing, there are no limitations on what form that hearing should take. The Arbitration Act contains no definition of a "hearing" and allows the arbitrator to determine the procedure to be followed. Besides the traditional courtroom style hearing (in which the applicant and then the respondent call witnesses to give evidence under oath) hearings may follow the "boardroom style" (in which evidence is led issue by issue), consist of "documents only" (supplemented by oral or written arguments), consist of affidavit evidence (either with or without cross-examination),

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