Arbitration is a relatively new concept in family law. While arbitration has been available to parties for some time, the take up of arbitration in family law matters has been slow.
Couples who are separating or divorcing and are in a property dispute can have their matter resolved by an arbitrator. An arbitrator is a usually a qualified barrister who is charged with the role of determining your case. This method is used to arrive at a quicker and more efficient outcome. It is another avenue available to separating couples to help them reach agreement rather than having the case heard in the Family Court of Australia or the Federal Circuit Court of Australia.
In some family law property settlement matters, it may take up to 18 months to have a trial in either of these courts. Even when your court date is set, it can be adjourned to a later date if other prior or more urgent cases require the court’s attention on that day. This leads not only to the emotional stress of having the finalisation of your matter delayed, but it can also increase the costs.
Arbitration for family law gives you an opportunity to also choose who hears your case. An arbitration can be organised and run and provide you with a decision within 4 months. This can save time and costs and is a more flexible option available to you.
Family law arbitration can resolve disputes on how to divide your assets faster so that you can move on with your life with financial certainty. Our family law team is well equipped in dealing with arbitration and will be happy to discuss the process with you further.
From start to finish, an arbitration can occur within two to four months. Arbitration in family law matters can give you more flexibility and a speedier solution compared to going to court.
Yes. After the family law arbitration is concluded, the arbitrator will make an award and give reasons for how they reached their decision. Once this has occurred, there are obligations for registering the award with the Family Court or Federal Circuit Court and a judge will then register it, making it binding.
A family lawyer will be able to assist you in choosing an arbitrator for your case. Family law arbitrators need to be qualified with AIFLAM (The Australian Institute of Family Law Arbitrators and Mediators). This means that they are an experienced barrister who practices in family law and is qualified as an arbitrator.
If I had of gone to another law firm that was cheaper I may have saved many thousands of dollars but as it turns out I may have lost a lot more than that upon settlement. Using a firm such as PCL lawyers I had the peace of mind that each issue as it arose was dealt with in a very matter of fact way and to the letter of the law.Brett W
The Best Family Lawyer in Town Theresa Morgante at PCL Lawyers located at the Melbourne office. With Theresa's Family Law Knowledge and Experience with Court Procedures, we where able to get my Children back within 4 weeks in time before Christmas. Was able to engage with the Best Family reporter, Professionalism writing skills when it comes to affidavits and letters. Has Excellent Customer Services, Empathy and Understanding when dealing with high emotional family law situations. I would always recommend Theresa to anyone who needs help in Family law.Vanessa V
PCL Lawyers were recommended to me by a friend, and true enough to their reputation, they did not disappoint! Theresa Morgante, and her team were amazing from day one! Their professionalism was outstanding. I was shown great care through the whole process and I was pleased with the outcome. The weight is lifted off my shoulder. I would 100% recommend PCL Lawyers. A huge thank you Theresa and team!Liz B
A very positive experience covering a number of different issues. A favourable perspective from processes taken. Very patient as we worked through matters. Simple language was used with good explanation where jargon was applied.Julian L