Marion Boyd "did not find any evidence to suggest that women are being systematically discriminated against as a result of arbitration of family law issues." She believes that arbitration should continue to be allowed in family law cases, and that the Arbitration Act should continue to allow arbitrations using religious law — both of which would be subject to the safeguards she recommends in her report. Some of these safeguards include:
- the agreement to arbitrate must be made in writing at the time of the dispute, before the arbitration occurs, and signed by the parties and witnesses. Agreements made at the time of marriage must be reconfirmed at the time of the dispute.
- a court can set aside any arbitration award if it is not in the best interest of the child, if a party did not first seek independent legal advice, and if the party wasn't sufficiently informed of the agreement and what it means.
- agreements must be given in writing and should include things such as a detailed list of issues, whether the decision is binding or advisory, the form of law to be used, and an acknowledgment that the parties understand the principles behind religious law.
- arbitrators should develop a detailed set of principles under which they operate and distribute them to both parties.
- the arbitrator must meet with each party individually, to assess whether there is abuse or an imbalance of power (using a standardized testing method), if they understand the process, and if they consulted independent legal advice or waived their right to do so.
- independent legal counsel must verify that a party sought their advice, understands the process, and was given alternatives.
- the government should conduct public education programs about family law, and how both the court system and religious law applies to this area.
- arbitrators should be reviewed by the government and report annually to the attorney general regarding the number of cases they've heard, the outcomes of those cases, and any complaints about the system they have been told about.
