Arbitration for Family Law Lawyers: Strategies for Success 2022

Cheryl Goldhart, C.S.
Goldhart & Associates

Cheryl Goldhart, C.S.
Goldhart & Associates

Before you engage in arbitration, there are some key issues counsel should first consider, including:

• Assessing the appropriate dispute resolution path for your case
• Understand what arbitration is (and, perhaps more importantly, what it isn’t)
• Is med‑arb the better option for your client? Factors to consider
• How‑to‑guide for choosing your arbitrator
• Advising your client about the arbitration process (including a sample memo to share with your clients)

Michael B. Kleinman
Kleinman Family Law

Judith Nicoll
McInnis & Nicoll

There are critical differences between the med‑arb and arbitration processes. Failure to understand them can lead to lengthy delays and costly consequences for your client. This session will include sample mediation and med‑arb agreements and discussion and an example of a consent to move between med‑arb and arbitration.

10:35 a.m. Health Break

Farrah Hudani, J.D., LL.M.
Burrison Hudani Doris LLP

Dr. Barbara Jo Fidler, Ph.D., C.Psych., Acc.FM.

• Key issues counsel must be aware of when engaging with in the PC process
• How arbitration relates to PC work
• Best practices for preparing your client for the PC process

Herschel Fogelman
Fogelman Law

In this session, we will drill down on the key elements of the arbitration agreement. Materials will include an annotated arbitration agreement.

• What constitutes a valid family law arbitration agreement?
• Key issues to be aware of/pitfalls to avoid
• Screening for arbitration – how and why
• Determining if there has there been a proper submission into arbitration (and why this is critical to understand)

12:20 p.m. Lunch Break

Aaron Franks
Epstein Cole LLP

Julie K. Hannaford
J K Hannaford Barristers

An arbitration is quite different than traditional court proceedings, as is the role counsel plays in each. Understanding your role and the process will help you be a more effective advocate in your arbitration. In this segment, two very senior family law litigators will guide you through counsel’s role and provide you with expert guidance on arbitration oral and written advocacy.

Heather Hansen, C.S.
McCarthy Hansen & Company LLP

Gary S. Joseph
MacDonald & Partners LLP

• Attacking the process before it starts
• Basis for attacks against the agreement: identifying and defending the potential issues
• Challenging the arbitrator
  – What you need to assert an allegation of bias
  – Special considerations when a Parenting Coordinator is the arbitrator

Panel includes a 15-minute Health Break.

Haley Cairns
Niman Mamo LLP

Brahm D. Siegel
Nathens, Siegel LLP

• Overview of the enforcement process
• How to enforce an order: best practices and pitfalls to avoid
• Navigating appeals (to the SCJ and Court of Appeal)
  – Review of the key cases and legal principles
  – Critical differences between different types of appeals

4:00 p.m. Program Concludes