Arbitration

Instead of going through the court process and have a judge make a decision about your case, you can hire an independent and qualified decision maker to do this for you. This is called arbitration.

Meet out Arbitrator
Barry Berger is our AIFLAM (Australian Institute of Family Law Arbitrators and Mediators) Accredited Arbitrator.

Separating couples can hire Barry to act as an Arbitrator to resolve their property and financial family law cases. As an Arbitrator, Barry will listen to both positions, review evidence and then make a decision about the issues.

Arbitration cannot be used to make decisions about parenting and custody. It can only be used to get a decision about separating finances and property.

What is Arbitration?
Arbitration is another type of dispute resolution. It is a process where both parties engage an independent arbitrator (not a judge or the courts) to present your case to and for the Arbitrator to resolve by making a decision. This decision is called an award.

How does it work?
The parties involved can still have independent lawyers representing both of them and can present each case to the Arbitrator – much like a court. Alternatively, the parties can represent themselves individually and present their case to the Arbitrator.

When the Arbitrator has heard the case from both parties, they make an award. This award can then be registered with the Federal Circuit and Family Court of Australia and can be enforced like a court order.

Arbitration can be used to resolve a final case, or interim issues.

What are the benefits of Arbitration?
The advantages of hiring an Arbitrator instead of pursuing your case through the courts include:
– you can book it in when you are ready
– you both choose and consent to the Arbitrator
– you have a say in how the arbitration proceeds
– cost

Due to the significant pressure that the Federal Circuit and Family Court of Australia is experiencing, appointing an Arbitrator to resolve family law matters is becoming more common, especially in regional and remote areas.

Because parties are do not have to wait for the court to schedule a hearing, arbitrations can resolve your case much faster and cost effectively.

The process of arbitration is regulated by the Family Law Act, Regulations and Rules.

Both parties in the case need to consent to appointing an arbitrator, or a court can make an order referring parties to arbitration.