Family Arbitration
Along with mediation, family arbitration is a kind of alternative family dispute resolution, which can be used as an alternative to going to family law court. It allows for family dispute resolution in a more flexible context than the legal system.
Family arbitration can help couples and families come to agreements on matters such as:
- Divorce
- Asset separation
- Division of parenting time
Arbitration Process
During the arbitration process, each person tells their side of the story to a neutral third party (the arbitrator) and asks them to decide the best course of action. The arbitrator’s decision is called an ‘award’.
Family Law
The arbitrator makes their decision based on family law, but this form of family dispute resolution process is nevertheless more flexible and less formal than going to court. Importantly, unlike mediation, arbitration is not separate from the legal system.
Independent Legal Advice
Both partners must receive independent legal advice from a lawyer that specialises in family law issues before starting arbitration in order for family arbitration awards to be enforceable in court.
Family Arbitration
What Can an Arbitrator Do For My Family?
An arbitrator’s award can cover:
- Child support
- Parenting time
- Decision-making responsibility of children
The arbitrator is well-positioned to make decisions on these things, as they can gather a clear picture of the situation as it pertains to all parties (including children) by hearing both sides of the story and carefully analysing the facts before making a decision. However, it is still recommended that clients seek independent legal advice from a family law specialist.
Family arbitration can be used to come to a mutually agreeable decision on parenting plans and other family law concerns without exposing children to a possibly contentious and acrimonious family court case.
A family arbitration agreement allows both parents to decide on the best possible solution that works for both parties and, most importantly, puts the needs of the children first.
Is Family Arbitration Good for Me?
There are many benefits to family arbitration, but it is not necessarily for everyone. Arbitration is:
- More flexible
- More efficient
- Less expensive than going to family law court
However, it is also important to very carefully consider all options and seek independent legal advice before making a decision about things that a family arbitration agreement may cover, such as:
- Child and spousal support
- Asset division
- Finance and property
- Parenting plans
Who Should Not Consider Family Arbitration?
The family dispute resolution process requires that both parties be:
- Equal
- Honest
- Respectful during the arbitration process
As such it will not work in relationships where there is:
- Abuse
- Family violence
- An extreme difference in power between parties
You should not attempt family arbitration with a partner who has been abusive, violent or tried to bully and coerce you. All arbitrators are required to have training in recognising the signs of family violence.
It is very important that when former or separating couples enter into the arbitration process that both parties carefully consider whether or not they feel comfortable with the chosen arbitrator, as the arbitrator can have a lot of power in the decision-making process.
Services
Our Arbitration Services
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At Separate Simply, we offer family arbitration services to help our clients come to agreements on things such as parenting plans in a way that takes into account the parenting situation of both parties and the needs of the children. Our arbitrators are experienced in family law issues and are sensitive to the difficulties of separation.
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An arbitration agreement is a great family dispute resolution option for parents who want the best for their children but are having a hard time agreeing on the details of their parenting plans and want to resolve family law issues out of family court.
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At Separate Simply we understand how important these decisions are. Clients who choose to use our arbitration services can rest assured that they will be meeting with qualified and conscientious arbitrators who make decisions with all parties’ best interests at heart.
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Any decision an arbitrator makes in regards to children must, by law, be in the best interest of the child. As such, parents who choose arbitration instead of going to court can feel comfortable knowing that any arbitration agreement will prioritise their child’s wellbeing.
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