Alternative Dispute Resolution: Arbitration
Arbitration is a form of Alternative Dispute Resolution (ADR). It aims to help you resolve your financial matter/s outside of the courts. At arbitration, parties present their arguments and evidence to a private arbitrator. The arbitrator then makes a decision to resolve the dispute between the parties.
Arbitrators can make decisions on the following:
- Property settlement;
- Spousal maintenance; and
- Financial agreements.
Arbitration is different from mediation. At mediation, parties seek to reach their own agreement with the help of a mediator. While mediation can deal with children’s matters, arbitration cannot.
Arbitrators are legal practitioners and are certified by AIFLAM. Therefore they can make legally binding decisions. They can file their decision in the Family Court through consent orders.
This makes the agreement legally binding. This means that either party cannot breach the Award (decision) laid out. This Award is subject to appeal (challenge) only on a question of law.
This process does not happen in a Courtroom. Therefore, it’s considered a more private option than litigation.
There are advantages to solving financial matters this way. You can:
- Avoid the financial, emotional and legal costs of litigation.
- Avoid the formality and delays that usually come with a Court hearing.
- Decide when and where the arbitration will take place, and set a time frame in which to settle the dispute.
- Decisions about who resolves their dispute, and how they make that decision.
- Generally, resolve family law disputes faster. An arbitrator provides their Award (decision) and reasons within soon after arbitration. This is usually within 28 days of the hearing.
- Have confidentiality. Your private details are not aired in a public forum, and arbitrators take the oath of confidentiality.
- Receive a binding result that is enforceable by law.
Does arbitration sound like the right path for you? Contact us
Our Legal Practitioner Director Shannon Bodeker is an AIFLAM certified arbitrator.
Prior to your first appointment, you may email her outlining your situation. You can include as much detail as you like. Shannon reads this information on a complimentary basis before your first family law appointment.
Email Shannon Bodeker for your free pre-read and first appointment at a reduced rate.