Overall, Family Arbitration is a cost-effective solution that reduces the daunting and adversarial nature of litigation. An Arbitrator need not decide the entire matter, so even where Family Arbitration does not replace litigation entirely, the overall benefits are still clear. For example, in a complex asset pool where the parties are disputing particular facts or values such as the value of a business , Family Arbitration could be utilised to resolve those issues independently.
If those facts are determined, it could then facilitate meaningful discussion and settlement proposals, or if the matter still proceeds to court, there is less to dispute. Family Arbitration is particularly helpful in this circumstance, as even though the entire matter may not be arbitrated, if the values for the balance sheet are no longer an issue, the process is simplified, not only for the parties, but for the lawyers and the Judges, if it does proceed to court.
Also, parties often seek both final and interim orders. This means that the parties have a proposal for how they want their property dealt with on a final basis, although this may differ from how they want it dealt with in the short term.
Family Arbitration can be particularly useful in this instance, as the parties may be able to resolve the interim issues in Family Arbitration while they wait for their final proposals to be heard, which as discussed, can take up to 2 years.
What if I am not happy with the Arbitrator's award? In performing their functions, the Family Arbitrator has the same immunity and protections that a Judge of the court would. If though, an error of law has been made, the decision known as an 'award' can be reviewed by the court, which is then able to determine questions of law, and can either affirm, reverse or vary the award. Reviews of awards are usually only for errors of law.
Arbitration is not only an option for the wealthy and there are arbitrators at all levels of experience who can manage particular levels of dispute. Of course, the parties are able to choose their tribunal and can find the person they consider is most likely to provide a decision suitable for them. Arbitration is an excellent tool in alternatives to Court. It is used in so many commercial contexts, both for small issues and on internationally large scales.
It is now available to individuals to determine their personal disputes. Parties and their legal advisers could do far worse than to consider arbitration as a method to resolve their disputes. Need more information about the above Barristers and Legal Services?
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There are now long delays to obtain a final hearing date for property matters in the Family Law Courts. As matters take longer, they generally become more costly. Arbitration, with the consequence of obtaining a binding outcome, must now be considered as a viable alternative to going to trial through the Family Law Courts if mediation and negotiation cannot resolve a dispute.
Arbitration, as defined by s10L of the Family Law Act , refers to the process where parties present their matters to an independent arbitrator. The process is voluntary and the arbitrator and process agreed upon by all involved. The process is designed to afford parties more control over obtaining a binding decision outside of court.
There are many disputes that are simply not appropriate for arbitration. Disputes involving fraud or other financial misconduct are examples that immediately come to mind.
It is difficult to envisage arbitrating a dispute that would automatically be counter-intuitive by virtue of the subject matter. Costs due to length of hearing time , logistics in obtaining evidence etc, might mean that a court forum may be a more economic forum, but those instances are likely to be the exception. There are some other cons;.
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