Family Arbitration in BC

What Is Family Arbitration in BC?

Family arbitration is a private process where you and your former partner appoint a qualified neutral, the arbitrator, to hear both sides and make a binding decision called an award. It replaces the courtroom, not the law. The arbitrator applies the same family law a judge would, but the hearing is private, the schedule is yours, and you choose the person who decides.

British Columbia's Family Law Act treats arbitration as a recognized route out of court. Section 1 of the Act defines "family dispute resolution" as a process parties use to try to resolve a family law dispute outside court, and the definition expressly includes arbitration, alongside mediation and collaborative family law. The same section recognizes an arbitrator who meets the requirements set out in the regulations as a "family dispute resolution professional."

SiLaw Group Family Lawyers is a boutique family law and mediation firm in South Surrey. Our founder, Sandy Sihota, is an accredited Family Law Mediator, Arbitrator and Parenting Coordinator, so arbitration is one of the out-of-court resolution processes we run in-house rather than refer out. You can read more about our founder on Sandy Sihota's profile.

How the Family Law Act Governs Family Arbitration

Family arbitration has a dedicated home in the statute: Division 4 of Part 2 of the Family Law Act, sections 19.1 to 19.22. A few of those rules explain a lot about how the process feels:

• It starts with an agreement. Two or more people may agree to resolve a family law dispute by arbitration (s. 19.2). As a general rule, the agreement can be made only after the dispute has arisen, so nobody is locked in years ahead of time.
• The arbitrator must be independent and impartial (s. 19.8), and the Supreme Court can revoke an appointment where there is a real danger of bias (s. 19.9).
• Children come first. Where an award deals with parenting matters, the arbitrator must consider the best interests of the child only, just as a judge must (s. 19.10).
• The award is in writing, signed, and comes with reasons unless the parties have agreed otherwise (s. 19.14).
• The process is confidential. The parties and the arbitrator must not disclose the proceedings, evidence, documents and information connected with the arbitration that are not already public (s. 19.22).

An agreement to arbitrate also has teeth. If one party starts a court case about a matter the parties agreed to arbitrate, the other can apply for a stay, and the court must grant it unless the arbitration agreement is void, inoperative or incapable of being performed (s. 19.4). Protective orders are the exception. Either party can still go to court for orders protecting people or property while the arbitration is under way (s. 19.5).

Why Families Choose Arbitration Over a Trial

Court gives you a decision, eventually, in a public forum, on the court's schedule. Arbitration gives you a decision too, and that is what separates it from mediation, but the setting changes almost everything else:

• Your timeline. Hearing dates are set with the arbitrator, not drawn from a crowded court list. A single stubborn issue can be dealt with quickly instead of waiting behind an entire trial.
• Your decision-maker. You choose an arbitrator with a family law background, and the same person stays with the file from start to finish.
• A process shaped to the dispute. The arbitration agreement can set out the procedure, including how financial disclosure will work and how evidence will be presented (s. 19.2). A narrow issue can get a streamlined process instead of a full trial's machinery.
• Privacy. Court files can become public. Arbitration is confidential by statute.

What Happens After the Award

Subject to the Act, an arbitration award is final and binding on all parties (s. 19.16). Once filed in court, the award is enforceable as if it were an order of the court (s. 19.20), which means it is not a suggestion. It carries the same practical weight as a judgment.

The routes for challenging an award exist, but they are limited. The Act sets out a short list of grounds on which the Supreme Court may change or set aside an award, and a time-limited appeal on certain kinds of questions. There is no general right to a fresh hearing just because one side dislikes the result. The BC courts have addressed this, and we wrote about it in our post on the finality of family arbitration awards. Finality is a feature of arbitration, not a flaw, and it is worth understanding before you sign an arbitration agreement.

Frequently Asked Questions

Is a Family Arbitration Award Binding in BC?

Yes. The Family Law Act says an arbitration award is final and binding on the parties, subject to the Act, and a filed award is enforceable as if it were a court order. That certainty is the whole point of choosing arbitration over open-ended negotiation.

Can We Arbitrate Parenting and Support Issues?

Arbitration under the Family Law Act is available for family law disputes, and the Act specifically directs arbitrators deciding parenting matters to consider the best interests of the child only. Whether arbitration suits your particular issues is exactly the kind of question a consultation can answer.

Can an Arbitration Award Be Appealed?

Only through narrow, time-limited routes set out in the Family Law Act. An appeal is not a second chance to argue the whole case. If you want the details of how BC courts have treated challenges to awards, start with our post on the finality of family arbitration awards linked above, then talk to a lawyer about your situation.

How Is Arbitration Different From Mediation?

A mediator helps you reach your own agreement and decides nothing. An arbitrator hears evidence and decides for you. Many families in British Columbia use mediation first and keep arbitration in reserve for whatever cannot be agreed. Our out-of-court resolution page compares the processes side by side.

Talk to Us About Family Arbitration in Surrey

If you are weighing arbitration against court, or you have been asked to sign an arbitration agreement, the first 30 minutes with us are free, in English or Punjabi, by phone, video, or in person at Suite 201, 3108 Croydon Drive in South Surrey. Call (778) 381-9977 or Book Now for a Free Consultation.

This page is legal information, not legal advice. For advice about your own situation, speak with a lawyer.