How does litigation work?

While no one wants to go to court, sometimes it is necessary.  Getting divorced is a difficult process, harder still when tempers flare and emotions run high.  It can be challenging to set personal disputes aside and find a fair middle ground. The family court process provides opportunities to get feedback from judges on the issues and negotiated settlement still remains an option at any step along the way.

How does arbitration work?

Arbitration is similar to the court process, but involves a privately selected and retained decision-maker. Unlike litigation, it gives you more control over the timing of the process and keeps your personal information out of the public court records. You and your spouse are also able to choose a respected arbitrator, as opposed to being assigned one, and he or she manages all the steps of the process with your counsel.

When are they necessary?

Relationships with a history of violence or abuse often require legal action in a court of law, as do instances where one spouse withholds or manipulates important information in order to avoid legal obligations. When situations like these exist, issues surrounding support, child custody, and asset control often need the boundaries imposed by court, or an arbitrator with powers similar to a court. Where there is little or no cooperation between you and your spouse, litigation or arbitration may be the most efficient option available. While both spouses must agree to arbitration, litigation can be imposed by one spouse through a court application.


When you are faced with litigation or arbitration, it’s important that you have an experienced and knowledgeable lawyer working for you.  Our lawyers are highly respected advocates and will work with you to ensure that you and your family are protected and that you’re awarded all that you’re entitled to.

Get in touch with one of our skilled family law practitioners for more information or to book a consultation.

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Our blog explores family law issues that matter most to you and your loved ones. We discuss the various legal approaches to divorce and separation, as well as the emotional, financial, and legal impact a separation can have on different families.

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