Excerpts from Family Arbitration: Perspectives of a Practitioner and Trainer – Part 1 of 3

These excerpts are taken from Family Arbitration: Perspectives of a Practitioner and Trainer, written by Richard W. Shields. This content will be part of the upcoming 40-Hour Family Arbitration Law & Skills training. Learn more here.

The Nature of Arbitration

Arbitration is a voluntary dispute resolution process in which a neutral third party intervenes to provide a final and binding decision on the issues in dispute submitted by the parties to arbitration. A dispute must have arisen, which the parties agree to submit to arbitration for disposition. Arbitration cannot be imposed upon the parties.            

Conduct of an Arbitration

An arbitration may be conducted on the basis of documents or a hearing may be held for the presentation of evidence followed by oral or written argument. The arbitrator shall hold a hearing if a party requests it. Provided that neither party to an arbitration requests a hearing, it could be conducted solely on the basis of documents and arguments, although it is prudent for the arbitration agreement to provide so specifically. A variation of the foregoing models is final offer arbitration or final offer selection. Each party delivers his or her Final Offer together with written submissions in support to each other and the arbitrator. A party could decide to accept the offer of the other. If no offer is accepted, the arbitrator then holds a brief oral hearing for final submissions following which he or she selects the better offer.

The Stages of the Process

All content © Copyright by Richard W. Shields (2017).
Contents and graphic may not be reproduced or provided to others without the written permission of Richard W. Shields.

 

 

About Richard Shields

Richard Shields began his ADR practice in 1994 with family dispute resolution as his primary area of focus. He joined the ADR Institute of Canada and its Ontario affiliate, the ADR Institute of Ontario, Family Mediation Canada, the Ontario Association for Family Mediation, and the Association of Family and Conciliation Courts. Rick participated in the pilot project team that developed the Family Mediation Canada certification program and he became their first Certifying Administrator. Rick is a past president of the ADR Institute of Ontario and the Ontario Association for Family Mediation. He is a co-founder of a new family dispute resolution organization, the Family Dispute Resolution Institute of Ontario, of which he is a member of their board of directors and executive committee and a co-chair of their Family Mediation and Family Arbitration Sections. Rick holds various professional designations. He is a Certified Specialist in Family Law, conferred by the Law Society of Upper Canada. Rick is also designated as a Certified Comprehensive Family Mediator by Family Mediation Canada; as a Chartered Mediator and Chartered Arbitrator by the ADR Institute of Canada; as a Certified Family Mediator and Certified Family Arbitrator by the ADR Institute of Ontario; and as an Accredited Family Mediator by the Ontario Association for Family Mediation. In his capacity as a co-chair of the Family Mediation and Family Arbitration Sections of the Family Dispute Resolution Institute of Ontario, he is assisting in the development of their professional designations.

Categories:

  • Categories