Family Law Arbitration

Arbitration is an increasingly popular method of alternative dispute resolution in family law matters. An arbitration involves a private "hearing" where an appointed decision maker, the "arbitrator", does the job a Judge would do at a court hearing. Arbitrators are usually retired Judges or experienced solicitors or barristers. Arbitrations are also entirely private, as they do not take place in open court as normal trials and hearings do.

Arbitration is proving to be an important avenue for finalising matters at a similar forensic standard as a court hearing in circumstances where negotiations have failed to produce an agreement, and without the stress and delay of waiting for court hearing dates. The often lengthy delays involved in having cases determined at a hearing by a Judge has made family law arbitration an increasingly attractive option for resolving disputes.

Arbitration is presently only available for financial matters, being cases about the division of property and/or spousal maintenance. Interim and discrete issues can also be arbitrated. Disputes about children, such as child custody or child support cannot be decided in an arbitration. A case can only be referred for arbitration if both parties agree.

Arbitrations proceed much like a court hearing and the arbitrator will decide the case in accordance with the Family Law Act 1975 (Cth). For those reasons, specialist legal representation is necessary to properly conduct an arbitration and successfully present your case to the arbitrator. This is particularly important as the decision of an arbitrator is binding after being registered by a court.

Please contact Pearson Emerson Family Law for detailed advice if you have any questions about family law arbitration.