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Lawyers at MacDonald & Partners LLP broke new ground with the release of a family law arbitration book that aims to make complicated legislation clear and accessible.
“As family law arbitration becomes more commonplace, we hope that our book will provide a reference for arbitrators, lawyers and parties so that the process is fair, transparent and efficient,” says Joseph, also editor and contributing author for Handling a Family Law Matter in Ontario and the Family Law Litigation handbook.
The book provides a volume of legislation, precedents and case law relating to family law arbitration, says Wilton, who has also co-authored Child Support Guidelines Law and Practice, Spousal Support In Canada, Family Law Act of Ontario, Enforcement of Family Law Orders and Agreements and was a contributing editor to Canadian Divorce Law and Practice.
“It is a manual setting out the pertinent information about arbitrations, from jurisdiction through to choosing an arbitrator, preparing for arbitration, the arbitration itself, the arbitration award and its enforcement and challenges of the arbitrator, challenges to the arbitration, and appealing the arbitration,” she says. “The book is relevant across Canada.”
Noting that the target readers for the text are counsel in an arbitration, arbitrators and to some extent the parties to an arbitration, Wilton says writing the book was “rewarding, as we are charting new territory.”
The release marked the first book on this topic available in the country, adds Wilton.
For Joseph, the writing process has been gratifying as well.
“The book has been an exciting learning experience for Ann and me as we have explored jurisprudence relating to arbitration from across the country,” he says.
With arbitration an increasingly common form of resolving matrimonial disputes, the purpose of the book is to “provide a portable resource for counsel, arbitrators and parties to arbitration which will help them understand the arbitration process,” says Wilton.
Most importantly, Wilton says, the aim of the text is to clarify what can be a complicated topic.
“It is important to clearly set out the process,” she says. “The legislation is quite confusing and the process fairly new for family law. We have tried to explain the process in a clear manner.”
Family Law Arbitration in Canada can be found on the Carswell website. Those interested can also call 416-609-3800 or 1-800-387-5164 for more information.