Family Arbitration

In all Saskatchewan court jurisdictions (effective July 1, 2022) family law matters that come to family court will be required to attempt a family dispute resolution process by the close of pleadings before they may continue with any further court proceedings.

If you would like to find a recognized family arbitrator, a contact list is available. (If you experience problems opening this document, please download or open with Internet Explorer.

Recognized family mediators, family arbitrators, parenting coordinators and collaborative lawyers set their own processes and fees. You may inquire with a service provider of your choice to discuss whether they provide reduced rate or pro bono services. Please note that the Dispute Resolution Office with the Ministry of Justice and Attorney General has low-cost mediation options available. For more information, contact:

1-866-257-0927 / DROfamily@gov.sk.ca.

In family law arbitration, family arbitrators play a role similar to that of a judge. A family arbitrator can make binding decisions to resolve family law issues out of court.

Arbitration is not a collaborative process. If you decide to settle your family law issues through arbitration, you are asking another person to make the decisions for you after they have heard both sides.

Sometimes arbitrators use a combination of different dispute resolution processes, including negotiation and/or mediation. You can decide how you want your arbitration set up. For example, parties may decide that they will only file written submissions rather than give oral testimony, or that they should not have lawyers present. Everyone must agree in writing to the rules that will apply before the arbitration process begins. Typically, arbitration processes are less formal than court proceedings and they are usually faster. They are also private; no one from the public can attend arbitration or see a copy of the decision.

Any decision made by a family arbitrator must be consistent with The Children's Law Act, 2020, The Family Maintenance Act, 1997, The Family Property Act, and The Divorce Act. You cannot opt out of the law.

Because of the decision-making role of an arbitrator, family arbitrators must meet high training and practice standards. They must be a lawyer with at least 10 years' experience in a family related field and take specific training in arbitration, family law, decision-making, skills development and family violence. Some arbitrators belong to organizations that already have similar standards. Before hiring an arbitrator, it is a good idea to ask about their qualifications.

Parties who decide to proceed with family arbitration should discuss fees with the arbitrator and determine how the parties will split the cost of arbitration between them.

If you would like to find a recognized family arbitrator, a contact list is available. (If you experience problems opening this document, please download or open with Internet Explorer.)

In all Saskatchewan court jurisdictions (effective July 1, 2022), family law matters that come to family court will be required to attempt a family dispute resolution process by the close of pleadings before they may continue with any further court proceedings. People can apply with the court for an exemption if there has been interpersonal violence, a parent has abducted a child from the other parent, or there is some other urgency.

Information for Lawyers Interested in Becoming Family Arbitrators

If you are a lawyer who is interested in being recognized by the Minister as a family arbitrator for the purposes of the Act, please print, complete and sign the application and send it to earlyfamilyresolution@gov.sk.ca or by fax to 306-787-0088, or by mail to Room 323, 3085 Albert Street, Regina, SK, S4S 0B1.

Your resume and/or cover letter should address the requirements set out in The Arbitration Regulations. You must:

• be a member of the Law Society of Saskatchewan in good standing;
• have completed 40-hour arbitration training;
• have 10 years of family-law related practice;
• have 14 hours of family violence training.

Each year, you will be required to:

• complete six hours of continuing professional development relating to the practice of family arbitration; and
• maintain professional liability insurance that provides coverage for practicing as a family arbitrator.