Family Arbitration

What Is 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
divorce
along with mediation

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?

mutually agreeable

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