The ability to reach a principled decision determining the rights and liabilities of the parties and explain that decision in the form of a reasoned award is the hallmark of a skilled family arbitrator. The skills and abilities needed are the same for parenting coordinators and arbitrators, even if the procedures applied will not always be the same. Here are some of the decision-making competencies we teach in our 40 Hour Family Arbitration course!
a. Ability to recognize the factual issues
- separate the parties’ claims and issues
- identify the real issues
- reconstruct the issues in terms that will assist understanding
- evaluate the strengths and weaknesses of arguments and counter arguments
- evaluate submissions and the relevant evidence
- isolate those issues that are of no or little relevance
b. Ability to define legal issues and apply them to the facts
- determine the relevant principles of law
- apply the relevant law to the specific facts of the case
- distinguish between the different sources of law (i.e. the contract between the parties, rights and obligations under a statute, rights and obligations under common law, etc.)
- use deduction to determine the application of relevant principles of law
c. Ability to come to a decision
- ability to reach an independent and impartial decision only after a careful study and consideration of all the relevant evidence
- ability to make a decision that can be enforced by a court if necessary
d. Ability to articulate the decision
- succinctly articulate the reasons and terms of the award as well as the evidence considered and the weight given to the evidence
- use terminology appropriate to the audience at which it is directed
- reserve jurisdiction, if necessary, in order to address remaining issues
