Family Law: Arbitration: What and Why

Different dispute resolution processes may be more or less useful in reaching a conclusion in your family law property settlement. This blog post looks at the ‘what’ and ‘why’ of arbitration.

 What is Arbitration?

Arbitration is a dispute resolution process. Parties to the arbitration process agree to be bound by the arbitrator’s decision. The arbitrator might be a person or it may be a group of people such as an arbitration body or council. In simple terms, it is akin to a ‘mini-trial’ without the legal nature or procedure of a Court hearing.

 Why choose Arbitration?

Arbitration may be helpful when negotiations have broken down and mediation has been unsuccessful.

 Arbitration is not helpful when the parties do not agree to be bound by the arbitrator’s decision or where an appropriate arbitrator cannot be decided upon. Arbitrations are not legally binding in the same way that Court orders are binding and should not be used as a substitute. In our experience, court orders are the preferred avenue for dispute resolution in family law situations. In contrast, arbitration is commonly found in workplace disputes or international law situations.

 If you have a family law matter, concerns or questions about reaching a conclusion in your family law property settlement or dispute resolution in your family law issue and want to find out more please do not hesitate to contact us on 9688 6023 or email us at info@franklegal.com.au.

 This article is provided to the reader for general information. It is not legal advice. It was written by Andrea Spencer & Emily Graham and edited by James Frank.

More from the blog:

Family Law and Dispute Resolution

Family Law Mediation what and why?

Family Law Property Settlement, Family Law Property Settlement in NSW, Court, Reaching a Conclusion, Dispute Resolution