How Does Family Arbitration Work in Alberta?

This answer covers the law of Alberta.

Family arbitration is a private process where you and the other person agree to have a decision-maker, rather than a judge, decide your dispute. It is one of the family dispute resolution services the Court of King's Bench lists, alongside mediation, parenting coordination and collaborative professionals.

A person entitled to enforce an award applies to the court on notice to the person against whom enforcement is sought, and the court must enforce an Alberta award unless the 30-day appeal or set-aside period has not elapsed, an appeal or set-aside application is pending, or the award has been set aside. Enforcement must be applied for within 2 years after receiving the award or 2 years after appeal periods expire, whichever is later.

Appeals are limited. A party may appeal on law, fact or mixed law and fact if the arbitration agreement provides; otherwise, an appeal on a question of law only needs the court's permission. Appeals and set-aside applications must start within 30 days after receiving the award. Cost-sharing and what can be arbitrated depend on your agreement and circumstances, so confirm with a lawyer first.