Arbitration Services

When you choose arbitration, you want clarity, not endless delays or indecision.

If you need resolution, not hesitation, let’s talk.

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Our Core Philosophy

Resolutions with Integrity

Our Core Mission

Informed Choice and objective decision making

Arbitration Services

Decisive Arbitration You Can Count On

Arbitration with Smith & Little LLP

When you choose arbitration, you want clarity – not endless delays or indecision. Too often, parties pay for a process that stalls because the arbitrator hesitates to make the hard calls. That’s not how we work.

As a trial lawyer with over a decade of experience and a business owner who understands the value of timely decisions, Kelly Elizabeth Smith brings a practical, results-driven approach to arbitration. If you hire Kelly, you’re hiring someone who will listen carefully, apply the law, and deliver a clear, reasoned decision without unnecessary delay.

Why work with me?

  • Decisiveness: I don’t shy away from making the tough calls.
  • Experience: 10+ years in litigation and business leadership.
  • Efficiency: Your time and resources matter and I respect both.
  • Fairness: Every decision is grounded in law and equity.

One of the biggest causes of delay in arbitration is disagreement over procedure. Some arbitrators hesitate to move forward unless both sides agree on every detail. This can lead to weeks of back-and-forth, endless emails, pre-arbitration meetings, and unnecessary costs. This is all before you even start dealing with the real issues.

Smith & Little LLP office

My Approach Is Different

  • If you agree on a procedure: Great! I’ll follow it exactly as you’ve outlined.
  • If you can’t agree: I won’t let your case stall. I will set a fair, practical procedure myself so we can move forward and resolve the actual dispute.

This approach keeps the process efficient, avoids unnecessary expense, and ensures you get to the heart of the matter quickly.

Why This Matters

  • No Endless Delays: I won’t let procedural wrangling derail your case.
  • Lower Costs: Every extra hour spent arguing about process costs money. I eliminate that waste.
  • Focus on Solutions: My priority is resolving your family law issues instead of getting stuck in procedural games.

If you want an arbitrator who takes control and keeps things moving, I’m the right choice.

Reasons to Choose Arbitration Over Court

  • 1

    Faster Resolution

    Court cases can take months or years. Arbitration often resolves disputes in weeks.

  • 2

    Lower Cost

    Avoid multiple court appearances and procedural delays. Arbitration is streamlined and cost-effective.

  • 3

    Privacy

    Court proceedings are public. Arbitration is confidential, protecting your family’s personal information.

  • 4

    Flexibility

    You choose the schedule, format (in-person or virtual), and process. No rigid court timelines.

  • 5

    Control

    You select the arbitrator and customize the process to fit your family’s needs.

  • 6

    Less Stress

    No crowded courtrooms or confusing procedures; just a respectful, structured environment.

  • 7

    Expertise

    Work with an arbitrator who specializes in family law and understands complex issues.

  • 8

    Predictability

    Clear timelines and transparent fees mean fewer surprises.

  • 9

    Reduced Conflict

    Arbitration encourages solutions and minimizes adversarial tension.

  • 10

    Legally Binding

    Arbitration awards are enforceable under Alberta law, just like court orders.

Need an Interim Decision?

The Court Won’t Help – But I Can

Starting January 1, 2026, Alberta’s new Family Focused Protocol will completely change how family law cases move through the court system. One major change?
Morning Chambers and Special Chambers will no longer exist.

What Does This Mean for You?

If you need an interim decision for parenting, support, or urgent financial issues, the court will not offer quick hearings anymore. Instead, you’ll be required to:

  • Prepare your entire file for trial,
  • Complete multiple mandatory steps,
  • Spend months and thousands of dollars before getting a decision.

This is neither practical nor cost-efficient for most families.

Your Better Option: Arbitration

With arbitration, you can get the same type of decision you would have received in morning chambers or special chambers – quickly and efficiently. Here’s why:

  • Fast Scheduling: No waiting months for a court date.
  • Focused Hearings: We deal with the urgent issue without requiring your whole file to be trial-ready.
  • Legally Binding Decisions: My arbitration awards are legally enforceable.
  • Cost-Effective: Avoid the massive expense of preparing for trial just to get an interim decision.

If you need an interim decision, don’t waste time and money preparing for trial. Come to me for arbitration and get a fair, enforceable decision quickly.

FAQs About Arbitration

Arbitration is a private process where an experienced professional, like me, Kelly Elizabeth Smith, makes a binding decision on your family law issues. Unlike mediation, which helps parties reach an agreement, arbitration provides a clear resolution when agreement isn’t possible. And unlike court, arbitration is faster, more flexible, and confidential. With my background in family law and years of experience resolving complex disputes, I ensure the process is fair and efficient.

Fairness is the foundation of arbitration. As your arbitrator, I follow strict ethical standards and provincial rules to ensure impartiality. My decisions are based on evidence and law and not personal opinions. Both parties have equal opportunity to present their case.

Yes. Arbitration awards are enforceable under Alberta law, just like a court order. I make sure every decision complies with legislation so you can move forward with confidence.

Not at all. Arbitration gives you more control than court. You choose the arbitrator, set the schedule, and decide whether hearings are in person or virtual. The process is tailored to your family’s needs instead of the one size fits all rigid court system.

Absolutely. Arbitration is confidential. Unlike court proceedings, which are public, your family’s information remains private and secure.

Arbitration is generally more cost-effective than litigation because it avoids lengthy court procedures. I provide clear, upfront pricing so there are no surprises and I work hard to keep the process efficient.

Most arbitration cases are resolved in weeks or a few months, depending on complexity. Compare that to Alberta’s new Family Focused Protocol, which involves multiple mandatory steps and can take much longer.

Yes. I have extensive experience with parenting disputes, property division, and financial matters often in high-conflict situations. My approach is structured, respectful, and focused on solutions.

Arbitration awards are final, but there are limited grounds for appeal under Alberta law. I take great care to apply the law correctly and explain my reasoning clearly to reduce the risk of appeal.

I offer expedited hearings for urgent issues like temporary parenting arrangements or support orders. You won’t wait months for a court date.

No problem. I offer both in-person and online options. If you choose virtual, I use secure, easy-to-access technology and provide guidance so you feel comfortable.

Starting January 1, 2026, Alberta’s Court of King’s Bench will introduce this new system but it’s complex, time-consuming, and expensive. Arbitration avoids these delays and gives you a faster, more predictable path to resolution.

Starting January 1, 2026, Alberta’s Court of King’s Bench will introduce the Family Focused Protocol which is a new system for family law cases. While it aims to streamline cases, it’s highly structured, requires multiple steps, and can be confusing for clients. It also means longer timelines and higher costs compared to alternatives like arbitration.

Expect more mandatory conferences, paperwork, and procedural requirements. These changes often lead to delays and increased legal fees. Arbitration avoids these hurdles by offering a simpler, faster, and more predictable process.

Arbitration gives you control over timelines, reduces stress, and keeps your case private. Unlike the new court system, which can take months or even years, arbitration can resolve your matter in weeks or months. Plus, you choose an experienced arbitrator, like me, Kelly Elizabeth Smith, who understands family law and focuses on practical solutions.

Yes. The new protocol adds layers of mandatory steps that increase costs. Arbitration eliminates unnecessary delays and keeps expenses transparent and manageable.

Yes. I can schedule expedited hearings for urgent parenting or safety concerns so decisions are made quickly.

Yes. Many families start with mediation and move to arbitration if they can’t agree. We offer mediation/arbitration services at Smith & Little LLP. You can complete both mediation and arbitration with Kelly Elizabeth Smith or choose mediation with Christine Shepherd and move on to arbitration with Kelly Elizabeth Smith if the mediation fails.

No problem. Virtual arbitration makes distance irrelevant.

Arbitration awards are enforceable in court. I ensure your award meets all legal standards so enforcement is straightforward if needed.

I create a structured, respectful environment and keep communication focused on solutions. My experience with high-conflict matters helps reduce tension and keep the process productive.

Absolutely. Both parties have equal opportunity to present evidence and arguments. I make sure everyone feels heard and understood while keeping out sessions focused and on track.

Fees are based on an hourly rate with some flat fee services offered for some specific types of hearings. I provide clear estimates upfront and work to keep costs predictable.

No.

Yes. Arbitration allows flexibility in procedures, timelines, and even evidence rules. I help customize the process so it works best for your family’s needs.

Yes. Virtual arbitration is a great option for convenience. Some arbitrations can also take place in writing with no in person or virtual meetings at all.

Yes, both parties must consent to the arbitrator. I make this process easy by providing clear credentials and explaining how my experience ensures fairness and efficiency.

Arbitration is governed by provincial legislation and family law statutes. I stay up to date on all legal requirements so your arbitration is fully compliant and enforceable.

Absolutely. Many couples include an arbitration clause to avoid future court battles.

Yes. Arbitration follows the same legal principles as court, so your rights are fully protected. I make sure both parties understand the process and feel heard.

Impartiality is essential. I follow strict ethical rules and encourage transparency. If concerns arise, there are procedures to address them.

Life changes. Some issues, like child support, can be revisited through a new arbitration or court application. I explain these options clearly so you know what to expect.

Arbitration is generally significantly more cost-effective than litigation because it’s faster and avoids multiple court appearances. I provide transparent fees so you know what to expect.

Most cases are resolved in weeks or a few months, depending on complexity. I work hard to keep things moving without sacrificing fairness.

Both options are available. I offer virtual hearings for convenience and in-person sessions when preferred. I also offer in person sessions outside of Calgary by request.

It’s recommended but not required. I ensure the process is fair whether or not lawyers are involved, and I explain everything clearly so you feel informed.

Arbitration requires consent from both parties. If one party refuses, court may be the only option.

I combine deep knowledge of family law with years of experience resolving disputes efficiently and respectfully. My clients appreciate my ability to explain complex issues in plain language and keep the process moving smoothly.

I follow strict ethical standards and provincial arbitration rules. My role is to listen carefully, apply the law correctly, and make decisions based on facts and not personal opinions.

Yes. I’ve handled cases involving high-conflict parenting disputes, business valuations, and intricate property division. Whatever your situation, I bring the expertise to manage it effectively.

I approach every case with empathy and professionalism. I understand these issues are deeply personal, so I create a respectful environment and explain each step clearly to reduce stress.

Arbitration saves time, reduces stress, and keeps your family’s matters private. Court cases can take months or years, while arbitration often resolves issues in weeks. My goal is to make the process as smooth and respectful as possible, so you can focus on moving forward.

Absolutely. Arbitration avoids court delays and lengthy procedures, which means lower costs overall. I work with clients to set clear timelines and keep expenses predictable.

Completely private. Court hearings are public, but arbitration happens behind closed doors. I prioritize confidentiality at every stage, so your family’s information stays secure.

Yes. Arbitration provides structure and clarity, which often reduces tension. I create a respectful environment where both sides feel heard, even when emotions run high.

Definitely. One of the biggest advantages of arbitration is flexibility. I work with you to tailor timelines, hearing formats, and procedures so they suit your situation.

Yes. An arbitration award has the same legal effect as a court order. That means you can move forward with confidence knowing the decision is enforceable.

Most family law matters, such as parenting arrangements, child support, spousal support, and property division, can be handled through arbitration. I’ve worked on cases ranging from straightforward parenting plans to complex financial disputes, so I can guide you through even the most challenging situations.

First, both parties agree to arbitration and choose an arbitrator. Then, we set timelines, exchange information, and hold a hearing (in person, virtual, or in writing). After reviewing all evidence, I issue a written decision. I keep the process structured yet flexible, so it fits your family’s needs while staying efficient.

In most cases, arbitration awards are final, but there are limited grounds for appeal; these are usually related to legal errors. I take great care to apply the law correctly and explain my reasoning clearly, reducing the risk of appeal.

Whatever you want! You will specify if you want me to make an interim decision in a hearing that looks like a “morning chambers” or “special chambers” application or if you want a full hearing for a final decision; I offer all arbitration services.

The parties must pay the arbitrator’s fees. They can share those fees however they want. At Smith & Little LLP we require a retainer up front to cover the expected costs of the arbitration.

Most often, the parties equally share the arbitrator’s fees up front. Sometimes, where one party has a lot more cash than the other, the party with more money will offer to pay all the arbitrator’s fees to get the file moving towards resolution or will pay all the fees up front with the agreement that an adjustment will be made to the final settlement so that they parties will actually share the fees equally.

Sometimes, parties will have a large amount of money in trust, like from the sale of the family home, and might agree to have some of that joint money sent to the arbitrator for their fees.

After the arbitrator makes a final decision about the legal issues in dispute, the arbitrator can decide that the losing party has to pay “costs” to the winning party. You can expect that Kelly Elizabeth Smith will make significant cost awards against losing parties to an arbitration, in particular if they have taken unreasonable positions. Part of any costs award may consider the expense of the arbitrator’s fees. What this means is that the end result could be that one unsuccessful party could end up paying most or all of the arbitrator’s fees.

In both processes, the rules of natural justice must be followed and in both cases you will receive a decision about your contested legal issue.

The public court system is a public system and is open to the public. This means that your private family information is out there for everyone to see, including information about your finances. Arbitration is a private and confidential process.

The public court system follows very specific technical rules and processes. Following each step is very time consuming and takes a lot of work. This means that it takes a very long time to get through the process and to the end result of a trial decision. Parties to family law matters who get all the way to a trial decision spend a lot of time, stress and money. Arbitration is a flexible process where parties can jointly agree on a process to be used by the arbitrator as long as the rules of natural justice are satisfied. If the parties cannot agree on a process, the arbitrator can direct a process. To get this advantage of arbitration, it is important that you choose an arbitrator like Kelly Elizabeth Smith who is efficient and to the point with setting a process. When this is done right, arbitration is much faster than the court system which means a much shorter period of time that you feel like your life is in chaos and much lower legal fees if you are represented by a lawyer. Most family law clients going through difficult family law issues such as separation and divorce just want to get to the other side and then they feel like a weight is lifted off of them. It is important not to underestimate the emotional expense of not getting to resolution quickly.

In the public court system, you pay only a token amount for the judge’s “time” in hearing your case. Currently, there is a mandatory fee of $600 to schedule a trial and a nominal fee for each day of trial over 4 days. Most family law trials are less than 4 days.

In private arbitration, you must pay the arbitrator professional fees to hear your case and render a decision.

Even though you pay more for your decision maker in a private arbitration, the benefit of getting to a decision faster and of having a simpler process usually results in lower overall legal expense for parties who are represented by a lawyer because they pay their own lawyer far less to go through an arbitration as compared to a trial.