What Issues Can Be Resolved Through Arbitration?
One of the most common questions I hear is whether arbitration can actually deal with the full range of family law issues — or only certain parts of a separation. The short answer is that arbitration can address most of the significant issues that arise when a relationship ends.
In Alberta and British Columbia, arbitration is commonly used to resolve property division, including the family home, pensions, investments, and debt. It is also used for spousal support — both whether support should be paid and how much. Child support, including base support and the sharing of special or extraordinary expenses, can also be arbitrated.
Parenting matters are often more nuanced, but arbitration can also be used to resolve issues related to parenting time and decision making responsibility. As with any decision involving children, the guiding principle in these cases is the children’s best interests. Some arbitrators are specifically trained in parenting disputes and bring child development expertise to the process. That said, courts retain the ability to revisit parenting arrangements over time as circumstances change — arbitration does not permanently close the door on future variations.
Where there is a history of family violence or a significant power imbalance between the parties, arbitration can still be an appropriate path forward. It is not off the table. What matters is that the right protections are put in place before the process begins. This might include separate waiting areas, staggered arrival times, separate hearing rooms with video participation, or specific communication protocols throughout. A skilled arbitrator experienced in these dynamics will work with both parties and their counsel to design a process that is safe, fair, and workable for everyone involved.
There are some matters that arbitration genuinely cannot resolve. The divorce order itself — the actual order granting you a divorce so you can obtain your certificate of divorce — falls outside the scope of what an arbitrator can decide. The same is true for adoption.
For most separating families dealing with the practical realities of untangling a shared life — assets, debts, support, and parenting arrangements — arbitration offers a comprehensive framework. You do not have to take every issue to an arbitrator. Some families use arbitration for a single unresolved question after settling everything else. That flexibility is one of its genuine strengths.
