What Is Family Law Arbitration?
Family law arbitration is a private, structured process for resolving family disputes outside of court. Instead of having a judge decide your case, you and your former spouse or partner agree to bring your dispute before a neutral third party (known as an arbitrator) who hears both sides and issues a binding decision called an award.
In Alberta and British Columbia, family arbitration is governed by provincial Arbitration Acts, which establish the rules that must be followed for the process and resulting award to be enforceable. The arbitrator is typically a senior family lawyer or retired judge with significant experience in family law matters. Unlike a mediator, who helps parties reach their own agreement, an arbitrator actually decides the outcome when parties cannot agree.
The process shares some similarities with court, but it operates very differently in practice. You and your former partner choose the arbitrator together. You agree on the timeline, the format of hearings, and how evidence is exchanged. That flexibility is one of arbitration's most important features — particularly for people who have been frustrated by the unpredictability and delays of the court system.
Arbitration is also entirely private. Court proceedings are generally open to the public, and documents filed with the court can become part of the public record. In arbitration, everything stays confidential. For many families, that privacy matters a great deal.
It is worth understanding that arbitration is different from mediation, and different again from a collaborative divorce process. Each of these dispute resolution options has its own structure and purpose. Arbitration is best understood as a private court — with more flexibility, but with real and binding consequences. An arbitrator's award can be filed with the Court of King's Bench in Alberta or the Supreme Court in BC and enforced in the same way a court order would be.
If you are navigating separation or divorce and wondering whether court is your only option, arbitration is worth a serious look. It is not appropriate for every situation — particularly where there are significant power imbalances or safety concerns — but for many families, it offers a faster, more controlled path forward.
