Manitoba divorce arbitration is a family law method which provides an alternative method to dispute resolution. It allows parties to try and work out their differences, conflicts and disagreements outside of the court room and public record and it a common choice among Winnipeg couples wishing to legally separate. Both parties must choose and agree freely to Winnipeg divorce arbitration and it can’t be ordered or forced upon an individual.
About Manitoba Family Law Arbitrators
In Winnipeg family law arbitration, partners enlist a third neutral and unbiased party to help arbitrate disagreements. This individual, the Manitoba separation arbitrator has power to decide on child custody, child access, alimony, child support payments and the division of property among other things after listening to both parties sides of the argument. They can’t grant a legal matrimonial annulment or divorce and can only decide upon the issues both parties enlist them to help resolve disputes in an neutral third-party fashion in accordance with Manitoba and Canadian family law standards. An individual in a relationship that involved domestic abuse or violence or power imbalance are not recommended to use arbitration as an alternative dispute resolution.
Winnipeg marriage arbitration can resemble court in some aspect, both parties usually have a lawyer and present evidence and arguments for what they believe is the fair way to resolve their disagreements. Using your Manitoba arbitration lawyer’s advice to present your side, the arbitrator will take both sides into consideration when reaching a final decision referred to as an arbitral award in family law.
Individuals are recommended to obtain and discuss their case with an educated Winnipeg or Manitoba arbitration / family law attorney to help represent their case to the arbitrator, help parties understand their legal rights and obligations under Canadian law and to ensure a smooth and fair process. Arbitral awards are legally binding decisions that follow and are recognized by Canadian law.
Costs & Fees of Winnipeg Arbitration Attorneys
Manitoba separation arbitration can be a more expensive option to collaborative family and mediation as the parties must pay the arbitrator and their own personal divorce attorneys to represent them. You are obligated to show that you had proper legal counsel and advice at the hearing before the agreement to arbitrate, even if you choose not to have them present to represent you. Arbitration fees and costs vary among Arbitrators in Winnipeg and family legal counsel and is not covered under legal aid programs.
Winnipeg Divorce Arbitration vs Mediation:
Some people mistake Manitoba mediation vs arbitration as the same thing however there are important differences. While mediation is another popular form of alternative dispute resolution in Manitoba family law, the two are quite different. In family mediation a third party mediator will guide both parties to a mutual understanding and agreement, but will not however have legally binding power to make decisions final. You can close the mediation from either side if you are in disagreement and move onto another method of resolution. If you arbitrate however you will have to accept the decision of the arbitrator as final and adhere to the guidelines and legally binding decisions. In some cases you may be able to appeal the arbitrarily award in the court system if you find it unfair or unjust or if it doesn’t properly follow Canadian laws
Please contact us for help finding an affordable top Winnipeg Arbitrator or arbitration attorney to help you understand the process better or to get started with this form of alternative dispute resolution.