Arbitration Guide

Arbitration is a private Court process that provides couples with a binding outcome. Arbitration can take the form of a private hearing or it can be dealt with on paperwork and provision of written submissions.

Arbitration can be used for the majority of family law disputes, including financial and children matters. After the Arbitration hearing or the Arbitrator reviewing the paperwork, the Arbitrator will issue a written decision, known as an arbitration award or determination. This is legally binding on the parties. Once the Arbitrator's decision is made, the terms may need to be formalised into a court order by solicitors and submitted to the Court for approval.

Arbitration is an effective option for parties who have reached a stalemate in mediation, collaborative practice, or roundtable discussions. Arbitration provides a clear, enforceable decision on the remaining disputed issues, enabling the parties to reach a final resolution.

Arbitrators can address specific issues which can be particularly beneficial when a couple has reached an agreement on most issues, but they still need help to resolve certain points, without the time, costs and emotions associated with having to go to Court.

The couple will select an Arbitrator, often with the assistance of their lawyers. It is important to instruct an Arbitrator who has the necessary expertise to determine the specific issues.

In the first instance, the Arbitrator is likely to arrange a short appointment with the couple and their lawyers to understand the issues in the particular case and give guidance on next steps, before formally accepting the instruction.

Once the Arbitrator has accepted the case they may then arrange for a case management meeting with the couple and their lawyers to discuss timelines, case progression, and additional information/documents that may be required to enable them to make a decision.

A date, time and location for the Arbitration hearing will be agreed by everyone. If agreed by the couple and if deemed to be appropriate by the Arbitrator it may be possible for the Arbitrator to make their determination based solely on written submissions and supporting evidence, without the need for an in-person hearing.

If there is an Arbitration hearing the Arbitrator will hear submissions and the couple may need to give oral evidence, similar to the Court process. The Arbitrator will then consider the matter in detail and the applicable law and will then prepare a written arbitration award or determination.

1. Cost Effective

As Arbitration can focus on resolving specific issues, it is typically quicker and more efficient which results in lower legal fees compared to going through the lengthy Court process.

2. Faster Resolution

Arbitration can deliver a final outcome much faster than Court proceedings, which can sometimes take years. In contrast, Arbitration can be arranged and completed to suit the needs of the couple and concluded within a few weeks or months.

3. Greater Flexibility

The couple can choose their Arbitrator, the date and time of any hearings and what issues they want to be determined, giving them greater control and flexibility than in the Court process.

4. Maintaining Privacy

Unlike public Court proceedings, Arbitration is a private and confidential process. This helps protect a couple's personal information and ensures matters remain private.

5. Continuity and Expertise

You will have the same Arbitrator from start to finish who will be an expert in their field. Unlike in Court proceedings, different Judges may be involved at different stages.