Examples
Unrepresented parties cannot agree on summer access:
- Parties cannot afford to have lawyers involved
- They are too late to book a court date
- They want to “speak to the Judge”
- Parties book a 1 hour “Expedited Hearing” as early as 3 days before the hearing, without the need for Affidavits or lawyers; sit in a boardroom, and are able to state their case to the Arbitrator under oath
- Start to finish, they receive their written decision within 5 days
Court date booked for interim spousal support:
- The lawyers want the Affidavits read before oral argument
- The lawyers want longer than 10 min for argument
- The clients want involvement in process
- 1⁄2 day “Expedited Hearing” is booked as early as 5 days before the hearing
- Short Affidavit exchange process and oral evidence under oath
- All materials read by Arbitrator before hearing
- Clients and lawyers have 1⁄2 day for argument/explanation of their case
- Written decision within 48 hours
Parties facing exclusive possession application:
- Lawyers feel materials are not needed and involvement by the clients would be best
- Lawyers want a decision maker experienced in family law
- 1 hr. “Expedited Hearing” can be booked as early as 3 days before the hearing, without materials
The parties agree to their property division except for the determination of exemptions:
- Parties cannot afford trial and want the matter resolved expeditiously
- Typically cannot book court Chambers for property issues
- 1/2 day “Regular Hearing” booked and will be heard as early as 25
- days from booking the date
- Short Affidavit exchange process
- Clients and lawyers like the informal oral argument format
The parties are facing an expensive and time consuming mobility application.
- Both parties want to speak directly to the decision maker
- The lawyers want a full day hearing
- 1 day “Regular Hearing” occurs as early as 25 days from booking the date
The parties require a full parenting plan.
- It is essential that the decision maker hears detailed particulars of the family’s circumstances
- After a full day “Regular Hearing” a detailed parenting plan is awarded, taking into consideration the family’s circumstances
The parties have agreed on everything in mediation except retroactive spousal and child support;
- The parties book a 1⁄2 day “Regular Hearing”
- Short Affidavit exchange process
- Parties decide not to attend and have lawyers present oral argument only
- Decision made within 7 days of hearing