Authors: Roxanna S. Petts & Crystal Thompson

More and more family law clients and lawyers are turning to arbitration as an alternative to the courts. While many benefits exist, constraints and limits also exist. Part 1 of the paper explores various provisions of the Arbitration Act, including how they intersect and influence each other, and how the judiciary has interpreted them. Part 2 focuses on the intersection of the arbitration process and the limited jurisdiction of the court.

This paper is part of a collection presented at LESA’s Collateral Issues in Family Law program in Calgary on December 1, 2023.