5. Arbitrate

If you can't agree using mediation, you move to arbitration.

Your agreement should say how this happens. It may also have rules about a timeline, and the documents you prepare for the arbitrator.

An arbitrator listens to both partners.

They must apply Ontario laws when deciding your issues. They can use the laws of another Canadian province or territory only if you and your partner agree to apply them. They cannot apply religious rules or laws from another country, even if you and your partner agree to them.

After the arbitrator decides

The arbitrator's decision is called a family arbitration award and is final.

If you or your partner don't agree with the family arbitration award, you can appeal to a court in some cases. You can usually appeal if you think that the arbitrator didn't apply the law correctly in your case and the court allows you to appeal. But your arbitration agreement may say that you can appeal for other reasons too.

Either partner can file the family arbitration award with the court if they want the court to help them make the other partner follow the decision.