judge as between the parties. Furthermore, the costs of mediation/arbitration were to be borne equally by the parties.
 Further to the order of Greer J., the parties signed a
mediation/arbitration agreement, dated September 27, 2010.
 In their agreement, the parties appoint the arbitrator to
mediate and, if mediation is unsuccessful, arbitrate the various
issues between them, that is, custody and access, child support,
spousal support and property issues.
 The agreement provides that the arbitration will be conducted in accordance with the law of Ontario and the law of
Canada, as it applies in Ontario. Property and support issues
will be determined in accordance with the Family Law Act.
 The parties agree to waive all rights to litigate the issues
in court, subject to their rights of judicial review and appeal.
 They also agree that, if the matter proceeds to arbitration, the arbitrator will determine the procedure in consultation with the parties’ counsel. The agreement provides that
the procedure will be similar to a court procedure wherever
 After the evidence had been received and the submissions
on law have been made, the arbitrator will deliver an award.
The award will be final and binding and may be incorporated
into a consent order or judgment of the Superior Court.
 The right to review the award is in accordance with s. 46
of the Arbitration Act and is only [to] be on a question of law.
 By signing the agreement, each party confirms that he or
she has received independent legal advice. A certificate of independent legal advice is attached to the agreement.
The Mediation/Arbitration Process
 The parties attended several mediation sessions with the
 The parties agreed to adopt the parenting recommendations of Dr. Butkowsky. They were unable to come to a resolution
of the issues of child support, spousal support and the equalization of property. These issues were left to the arbitrator to
 The arbitrator proposed, and the parties agreed, to proceed by way of arbitration through final offer selection. In its
simplest form, final offer selection is a process by which each
party submits an offer and the decision-maker selects one of
 According to an e-mail exchange in May 2011, the parties
agreed that final offer selection would be used to resolve the remaining issues of support and equalization; each party would