What is a family law arbitration?
Are you involved in efforts to achieve a property settlement through negotiations or court proceedings? Is it taking a long time and not making a lot of headway? If so, arbitration may be an option.
Family law arbitration is a process where the matters in dispute are referred to an arbitrator who determines an outcome. Therefore, this process makes any awards necessary to finalise the dispute between the parties. An arbitrator can only be appointed if they meet the regulatory requirements under the Family Law Act.
How does family law arbitration work?
Parties can refer a matter to arbitration even if court proceedings have been commenced. Because arbitration is only available for property matters, parenting matters cannot be resolved via arbitration.
The “award” (decision) made by the arbitrator determines the issues between the parties on a final basis and is legally binding. If a party does not comply with the award and it requires enforcement, either party may apply to the court to register the award. An award that is registered with the court has the same effect as an order of a court and may then be enforced through the courts.
As a result, the arbitrator will determine the dispute taking into consideration the principles under the Family Law Act and relevant cases.
If an arbitration is of interest to you see our infosheet on ‘Resolution Pathway’. Also, you are welcome call us on (07) 3221 4300 to discuss it further.