Family law arbitration is a process where an independent arbitrator is appointed to decide a matrimonial or de facto property dispute.
Parties present their arguments and evidence to the arbitrator who makes a final determination to resolve the dispute.
It is often a good idea to consider the family law arbitration process because parties who make an application with respect to property matters in the Family Court or the Federal Circuit Court often face significant delays obtaining a final outcome for their matter.
It is not unusual for matters to be finalised more than 2 years after the date the initiating application was filed in court.
When compared to the court process, family law arbitration can provide a quicker and more cost effective way to resolve property disputes.
The family law arbitration process can take just a few months from start to finish.
Importantly, arbitrators are required to make decisions in accordance with current family law court practices, which are in line with the Family Law Act (1975) and relevant case law.
The outcome of family law arbitration is that parties should expect decisions to be made that are similar to decisions made by the family law courts.
5 Steps To Family Law Arbitration
- Select the arbitrator.
- Obtain an order or agreement to conduct the arbitration.
- Establish the rules of arbitration proceedings at a pre-hearing conference.
- Conduct and attend the arbitration.
- Register the award with the Court.
- More cost-effective than waiting to proceed to a final hearing at Court.
- Arbitration proceedings are confidential.
- You can have input on how the arbitration will proceed.
- In most instances you will resolve your disputes quicker than Court.
- The Arbitrator’s decision is final (although decisions can be appealed).
Save time, money and heartache with family law arbitration.
How We Can Help
We have the legal expertise and negotiation skills required to ensure your arbitration is successful.
Our family lawyers take the time to listen carefully to your needs and communicate in a professional, effective manner.
They will guide you through the process and provide professional legal representation at your family law arbitration – keeping you up-to-date and in control of your family law arbitration.
Get the best legal representation with Ryan Murdoch O’Regan Lawyers. To discuss any aspect of your family law matter or if you would like further information about the family law arbitration process please contact us on 1800 999 529, email firstname.lastname@example.org or submit an enquiry below.
We are available to meet with you at any of our local offices (Brisbane, Gold Coast, Beenleigh, Cleveland and Jimboomba) or by telephone or video-conference.
This article is for your information and interest only. It is not intended to be comprehensive, and it does not constitute and must not be relied on as legal advice. You must seek specific advice tailored to your circumstances.