Family disputes involving high-net-worth individuals or public figures present unique challenges: emotional strain, complex financial considerations, and heightened public scrutiny. In these cases, private arbitration offers a discreet, efficient, and tailored alternative to traditional court proceedings.
Confidentiality Is Paramount
Court proceedings are public, meaning personal and financial details can be exposed to media and the public. For public figures or wealthy individuals, this can damage reputations and business interests. Although public access to court files is restricted, for example by Practice Note 10 in Alberta, all applications and trials are open to the public to observe.
Private arbitration, by contrast, is entirely confidential. All discussions, disclosures, and outcomes remain private, protecting your family, your finances, and your public image.
Greater Control Over the Process
In court, decisions are made by judges who may not fully understand the nuances of your situation. Arbitration allows both parties to select an arbitrator with relevant expertise, whether in high-conflict parenting matters, complex financial structures, or business interests. Subject matter experts ensure that you have the best chance of receiving a proper decision, reducing the risk of ongoing litigation through the appeals process.
You also have control over timelines, locations, and procedures, making the process more comfortable and efficient, and that works around your busy schedule. We were recently successful in a 4-day arbitration for our client that was initially scheduled for a 10-day trial in the Supreme Court of British Columbia for 11 months after we received the Final Arbitration Award. We were also recently successful in a single-day arbitration on complex property matters that would have taken 18 months to get to trial at the Court of King’s Bench in Alberta, which we had heard in less than three months. By controlling the processes, we were able to significantly expedite resolution and reduce the hearing time.
Flexible, Customized Solutions
Court rulings often apply broad legal standards that may not suit unique circumstances. Arbitration allows for tailored resolutions like dividing business assets without liquidation, structuring complex financial settlements, or crafting discreet custody arrangements.
This flexibility ensures outcomes that reflect your specific needs and priorities.
Faster Resolution
Court cases can drag on for months or years due to crowded dockets and procedural delays. It can often take upwards of 2+ years to get to a full trial, after which you can wait several months for a decision. Arbitration moves at your pace, allowing for quicker scheduling and resolution. This is especially beneficial for individuals who need to protect assets, maintain business continuity, or avoid prolonged public exposure.
Less Adversarial, More Collaborative
Litigating in an open courtroom is inherently adversarial, which can escalate tensions and harm relationships. Arbitration fosters a more cooperative environment for some families, encouraging both parties to work toward mutually agreeable solutions throughout the process. This is especially valuable for co-parents, business partners, or others who must maintain ongoing relationships.
Finality and Enforceability
Unlike court decisions, which can be appealed and prolonged, arbitration rulings are typically final with limited appeal rights. This provides closure and allows both parties to move forward with confidence.
Cost-Effective in the Long Run
While arbitration may seem costly upfront, its efficiency often results in lower overall expenses. Avoiding lengthy litigation, procedural delays, and multiple court appearances can significantly reduce legal fees and related costs.
At Linmac LLP, our family law team has extensive experience guiding clients through private arbitration. We understand the sensitivities involved in high-net-worth and high-profile disputes and provide discreet, informed, and practical solutions tailored to each client’s needs.
For more information, please contact Brett M. Carlson or any other member of our Family Law Group.