Lawyer Monthly - December 2021 Edition

the arbitration process allows the parties the opportunity to establish rules and limits for pre- hearing exchange of documents or interrogation of witnesses, the way an arbitration hearing will be conducted and the level of detail to be included in an arbitration award. Not only do litigation and arbitration differ when it comes to procedural rules, they also differ in the selection of the neutral third party, which is one of the greatest benefits of arbitration. This is a highly important aspect of any dispute resolution. Within family law, litigation cases are assigned to judges by a random process and cases are scheduled for trial based on the availability of the court calendar. Being able to select your arbitrator is a great benefit to both parties, as they can choose someone who not only is an expert their area of need but also has a great curriculum vitae of cases that are similar in nature to the disputing parties. This will not only help ensure that both parties will receive a fair and balanced award, but it will also cut down in costs, as the arbitrator will need less time to research current case law that applies and supports their decision and award. Furthermore, in many courts, no individual judge is assigned to a case in its entirety and, therefore, multiple judges may be involved in adjudicating pre-trial disputes, whereas in arbitration any pre-hearing disputes between the parties are decided by the same arbitrator(s) that ultimately decide the case. This is a great benefit to both parties, as the same decision maker is privy to all matters of the case, helping to expedite the matter(s). This advantage of arbitration does not only help minimise the current conflict, but also help to reduce the potential for further conflict by containing the scope of the hearing and admissible evidence within the confines of the issues put forth for resolutions and highlight that the disputing parties may be more agreeable on certain topics. Consequently, these measures create a mechanism that is more cost- and time-efficient and that has a greater advantage at reducing the hostility and damage that is inflicted upon families, so that these families can potentially move forward in a more collaborative and cooperative unit well into the future. After all, co-parenting is not a competition between two homes, but a collaboration of parents doing what is best for the kids. WWW.LAWYER-MONTHLY.COM | DEC 2021 28 Cheryl Cordeiro Founder, Cordeiro & Associates 67 West Park Ave, Bradford, ON L3Z 0A7, Canada Tel: +1 866-292-1622 E: cordeiroandassociates@gmail.com www.cordeiroandassociates.godaddysites.com