How do I Choose a Family Law Arbitrator?
Choosing the right arbitrator is one of the most important decisions you will make in the arbitration process, and it deserves careful thought. Unlike court, where a judge is assigned to your case, arbitration gives you and your former partner the ability to select someone you both agree on. That choice can significantly shape how the process unfolds.
The first thing to look for is experience. A qualified family law arbitrator should have deep knowledge of family law — not just arbitration procedure. Many arbitrators are senior lawyers who have practiced family law for decades, or retired judges with experience on the bench. Their background matters because arbitration awards must be legally sound and enforceable.
Training is also important. The ADR Institute of Canada and the Family Dispute Resolution Institute of Ontario both offer arbitration training, and some practitioners have completed specialized programs in family arbitration specifically. Looking for someone with recognized credentials in this area gives you a degree of assurance about their process and standards.
Beyond credentials, consider fit. Arbitration works best when both parties have confidence in the neutral. Some arbitrators are more formal and court-like in their approach; others are structured but conversational. If parenting is a central issue, you may want an arbitrator with specific training or experience in parenting disputes and child development.
The practical steps are straightforward. Ask your family lawyer for referrals. Review the arbitrator's profile, areas of focus, and any published decisions or articles. Many experienced arbitrators will offer a brief introductory call before being retained, which can help you assess their approach.
Once you have identified a candidate, both parties must agree before the arbitrator is appointed. If you cannot agree, some arbitration rules allow a professional organization to appoint someone on your behalf. Your lawyer can walk you through that process if needed.
