FAMILY LAW ARBITRATION BRISBANE
What is Arbitration?
Arbitration is a process in which parties to a dispute present arguments and evidence to an impartial third party (arbitrator), who makes a determination to resolve the dispute. It can either be undertaken by a private agreement or by referral from a court.
Arbitration, like mediation, can be a cost effective, timely way to decide any or all issues. Arbitration can resolved all issues or narrow the issues for a court to decide.
The advantages of arbitration include:
- The parties have control of the arbitration process and it can be structured to meet the needs of the individual parties and their issues;
- An arbitration does not require the same level of formality as a Court hearing.
- The arbitration can be held at a time and place as agreed between the parties and the arbitrator.
- The parties and arbitrator set their own timetable. As a result, the parties can avoid the delays inherent in Court matters, obtain a prompt resolution of disputed issues, and have certainty that the hearing will take place on the agreed date.
- The arbitrator must provide a written decision on a time agreed or within 28 days of the arbitration hearing;
- Arbitration takes place in a confidential setting. Arbitrators take an oath not to disclose any communication or information received in their capacity as arbitrator.
- An arbitration award is binding and enforceable and only reviewable in limited circumstances;.
- By designing an arbitration process which meets their individual needs, and avoiding the costs of litigation, parties can achieve significant costs savings.
Types of family law matters that can be arbitrated:
- Property matters;
- Spousal maintenance;
- Maintenance agreements;
- Financial agreements made pre, post or during marriage;
- Superannuation agreements; and
- Execution and compliance with court orders