What formalities does the Arbitration Act require for a family arbitration agreement to be valid?

Ontario's arbitration legislation and family law framework set out specific formalities a family arbitration agreement must meet before it can produce a binding, enforceable award. The agreement generally needs to be in writing, and both parties need to have received independent legal advice about it before signing, so each person understands what they're agreeing to and what they're giving up by choosing arbitration over going to court. The arbitration itself also has to be conducted, and the decision made, in accordance with the law of Ontario or another Canadian jurisdiction.

These formalities exist specifically because family arbitration deals with significant, personal issues like parenting and support, and the province wants to ensure people enter the process with real understanding and appropriate legal input, not simply a signature on a form. An agreement missing one of these elements can end up unenforceable as a family arbitration award, even if the arbitrator otherwise did careful, fair work. Anyone considering family arbitration should have a family lawyer review the proposed agreement before signing, to confirm it actually meets these requirements.