A Guide to Family Arbitration in Ontario
An arbitration handbook geared towards family law practitioners, the book discusses the main aspects of arbitration in Ontario including the statutory issues, jurisprudence, practice and procedures.
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“Those who would aspire to be an arbitrator or those who would participate in an arbitration will benefit from this exemplary piece of work.” (from the Foreword by Philip Epstein, Q.C., LSM)
Because of the increasing costs and growing backlog associated with the court system in Ontario, more and more parties are turning to arbitration as a means of resolving their family law disputes. A Guide to Family Arbitration in Ontario is a timely new publication offering a basic primer on the statutory underpinnings and relevant case law in Ontario family arbitrations.
A practical reference
Written by well-respected family lawyers, Stephen Grant and Jenna Preston, this useful arbitration handbook is geared towards family law practitioners and discusses the main aspects of arbitration, including the statutory issues, jurisprudence, practice and procedures related to this important area of the law. In providing their invaluable perspective, the authors help readers navigate the channels of family arbitration, from the arbitration agreement itself, through the hearing, and on to judicial reviews and appeals.
In particular, A Guide to Family Arbitration in Ontario:
- Offers useful insight for parties and counsel considering and participating in family law arbitrations
- Covers the entire process, from determining jurisdiction through to final appeals
- Addresses issues such as bias, domestic screening and judicial review
- Includes a sample mediation-arbitration agreement
This would be an especially useful resource for:
- Family lawyers who advise parties on the issues arising out of the breakdown of their relationship and participate in arbitration as a dispute resolution option
- Mediators and arbitrators who wish to learn more about the developing body of jurisprudence related to family law arbitration
- ADR and family law students who are learning about current arbitration practices
Table of contents
Chapter 1: Jurisdiction
Chapter 2: Understanding mediation and arbitration
Chapter 3: Evidence and procedure in family law arbitrations
Chapter 4: Reasonable apprehension of bias
Chapter 5: Screening for domestic violence and power imbalances
Chapter 6: Costs associated with family arbitration
Chapter 7: Setting aside an arbitration award
Chapter 8: Appeals of family arbitration awards
Appendix I: Precedent Mediation/Arbitration Agreement
Appendix II: The Dove Domestic Violence Screening Tool