Arbitration is very similar to Mediation; however, unlike Mediation, the Arbitrator’s decisions are final. The decision could be appealed to a court in some cases; for example if you believe the law was not correctly applied to your case. An Arbitrator is a neutral third party who listens to each party and evaluates the facts and evidence. The Arbitrator essentially acts as a judge.
1. Why should I use an Arbitrator?
Arbitration is often faster and cheaper than going to court. Arbitration also gives you more control over the process. With Arbitration you can decide when to meet with the Arbitrator, who the Arbitrator is (i.e. you could choose someone with the experience you are looking for such as experience with parenting time, and what documents you share and how you share them.
2. Is the Arbitrator’s decision binding?
Yes; however, the decision could be appealed to the court. Whether an appeal is available would depend on the decision.
For an initial consultation, tell us a little bit about your case and a member of our law firm will contact you within one business day.
In the case of Lekakis v. Lekakis, 2023 BCSC 376, the BC Supreme Court addressed how to determine whether the 40 percent threshold has been met to