ARBITRATION
Nancy Macivor is a seasoned Arbitrator who has received
advanced training in arbitration.
Sometimes parties elect to have their case decided by an
Arbitrator. In a way, it is a bit like hiring a private judge to make the final decisions
with respect to those issues which remain unresolved between you and your partner. An
Arbitrator, must have specific training and must be certified in order to be an
Arbitrator.
Arbitrators who do family law arbitrations are generally
senior family law lawyers. They are selected by the parties and their lawyers to act as
the Arbitrator. The Arbitrator determines all or some of the matters as determined by the
parties and their lawyers.
The Arbitrator’ actions and decisions are bound by the
terms of the Arbitration Act. The party’s lawyers prepare written materials for the
arbitrator and then may examine and cross examine witnesses, including the parties. After
receiving all of the evidence that the parties lawyers deem to be relevant, the Arbitrator
renders a decision of all of the issues before him/her.
Sometimes, lawyers and their clients decide at the outset
that they will select one lawyer to act as a mediator/arbitrator which you might hear
referred to as ‘med/arb’. The person selected to do the med/arb works with the
lawyers and their clients to try and mediate a resolution to all of the issues. In the
event that the parties are unable to reach a resolution, the mediator then takes on the
role of an arbitrator and schedules an arbitration with the parties and their lawyers. The
Arbitrator, after reading and hearing all of the relevant evidence renders his or her
decision to the parties and their lawyers.
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