Family Arbitration - One Step Forward, Two Steps Back (ABSTRACT)
published: 2007 | Research publication | Refereed Journals - Policy
McGill, S. (2007). "Family Arbitration - One Step Forward, Two Steps Back". Journal of Law and Social Policy, Vol. 21, 49 - 62.
ABSTRACT: The recent regulation of family arbitration in Ontario represents a major departure from existing arbitration policy. The new scheme involves a complicated process of checks and balances intended to protect vulnerable parties from pre-dispute arbitration agreements. It detracts from the well recognized arbitration principles of party autonomy, finality and privacy. This articles reviews the new requirements for family arbitration as established by the Family Law Statute Amendment Act, 2005 and compares them to the recommendations of Marion Boyd, former attorney general of Ontario, as outlined in her report, Protecting Choice Promoting Inclusion. The strengths and weaknesses of the new scheme are identified, as well as the implications for arbitration policy and practice.
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revised Sep 22/06
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