Arbitrators play a private judge-like role. A family arbitrator will make binding decisions to resolve family law issues out of court.

What is Arbitration?

Arbitration is not a collaborative process.

If you decide to settle your family law issues through arbitration, you are asking another person to make the decisions for you, after hearing both sides.

Sometimes arbitrators use a combination of dispute resolution processes, including negotiation and/or mediation. You can decide how you want your arbitration setup. Everyone must agree in writing to the rules that will apply before the arbitration proceeds. Typically, arbitration processes are less formal than court proceedings, and usually faster.

Who can be an Arbitrator?

Any decision made by a family arbitrator must be consistent with The Children’s Law Act, 1997, The Family Maintenance Act, 1997, The Family Property Act, and the Divorce Act. You cannot opt out of the law.

Because of the decision-making role of an arbitrator, family arbitrators must meet high training and practice standards. They must be a lawyer with at least 10 years experience in a family-related field and take specified training in arbitration, family law, decision-making, skills development, and family violence. Some arbitrators belong to organizations which already have similar standards. Before hiring an arbitrator, it is a good idea to ask about their qualifications.

Parties who decide to use arbitration should discuss fees with the arbitrator and determine how the parties will split the cost of arbitration between them.

Our Arbitrators meet the Arbitration Regulations requirements in Saskatchewan:

  • Member of Law Society of Saskatchewan
  • Completed 40 hour Arbitration training
  • 10 years of family-law related practice
  • 14 hours of family violence training
  • 6 hours per year CPD related to the practice of family arbitration

Are you in need of an Arbitrator?

KDK Out of Court Inc. can help

If you decide to settle your family law issues through arbitration

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