The Process and Screening

We are an arbitration service that can accommodate arbitration in any type of family dispute, civil dispute (including business) or estate dispute, at a convenient location, and for a reasonable cost. Disputes frequently have a lot of moving parts.

The process can start with mediation and use arbitration only if the mediator cannot resolve the dispute. Many cases are resolved at the mediation stage. We offer mediation services through Family Mediation Works. 


All of our arbitrators are also experienced lawyers. They are able to give predictions as to court rulings in fact situations, so that the parties involved have the benefit of both legal principles and commentary about legal issues.

Evidence may be by way of affidavits, supporting documents, or by way of actual evidence being called in the form of the party being a witness, or others being a witness, including possibly even an expert witness. The other side would respectively question under oath any witness that has been called, or witnesses, where the other party is of the view that based on the affidavit material or report filed, there ought to be questioning of that witness. This process of evidence being called by witnesses is what one would called a “trial format.”


Argument by the parties occurs after all evidence has been presented. Argument is sometimes made only orally, only in writing, or a combination of in writing and orally.


The arbitrator will review the evidence and argument, and make a ruling, by way of “application of the law.” This means that the arbitrator is not going to be making suggestions as to what would be best, but is going to apply the law in the same manner that a judge, appointed by the government to apply the law in a court, is obligated to apply the law.


The arbitrator will issue a ruling. This ruling is to set out the background facts, the applicable law, and the reasons for coming to the conclusions as set out within the ruling.


The arbitrator’s ruling may be put into a court order. A court order may be enforced by various means including police assistance, if required, or sheriff seizing property or items, and by way of finding that a party failing to comply with a court order, may be in a position where they are in contempt of court. If a party is in contempt of court, a court may impose financial consequences and/or impose jail terms.



In some cases that have already been through mediation, the screening of the parties would have already been done. If the arbitrator is the same person who was the mediator, then this does not need to be done at this point in the process.

If this matter was not first mediated by the assigned arbitrator, the arbitrator is to engage another professional, trained in the process of “screening,” to complete the screening and to provide a report to the arbitrator. Our firm has these professionals available. 


The report is about the suitability of the case for arbitration. If the report says that this is a suitable case for arbitration, the arbitrator is to note this, and to keep in mind the report as the arbitration process continues to its conclusion.

Family Law Mediation - DeRusha Law

Serving Mississauga | Brampton | Oakville | Milton | Toronto 

Certified Specialist in Family Law by the Law Society of Upper Canada