Arbitrate

Arbitration is another type of less adversarial process and involves an independent and neutral arbitrator (usually someone with significant legal experience, such as a retired Judge, Senior Counsel or a senior legal practitioner) hearing evidence from each party and making a decision as if they were a Judge. All parties must agree for the matter to be arbitrated.

Arbitration is a more formal process than collaborative law or mediation as it essentially involves a private Judge being appointed to determine the matter. Presently, only financial matters can be arbitrated (not parenting matters).

One major benefit to arbitration is that if all parties agree, the process is generally much quicker than commencing proceedings in the Family Law Courts and waiting for a dispute to be heard at a final hearing (which currently can take up to 3 years)

Unless otherwise agreed between the parties, the costs for the arbitrator are shared equally between each party. In addition, each party would ordinarily be responsible for the costs of their respective legal practitioners also.

There are very limited grounds on which a party can appeal an arbitrator’s decision. Appealing an arbitrator’s decision can only be made on ‘legal’ grounds and not simply because a party does not like the arbitrator’s decision.