Family Law Arbitration
Family law arbitration deals with several legal matters which will arise once you and your partner split up. You have to choose, for instance, how to split up the family assets, provide for your children, and provide financial support. You can decide these matters by going to court.
In addition, you can use family dispute resolution (FDR) or informal agreements. This guide will help you understand everything thing you need to know about arbitration, the procedures, the limitations and many more
What Does Family Law Arbitration entail?
Family law arbitration is a technique used by divorcing or separated couples to settle disagreements regarding money, property, or children. It can be utilized in addition to the standard court procedure and serves as an alternative to approaching a judge in the family courts for a final ruling.
How does family law arbitration operate?
Typically, a solicitor represents both parties, and they consent to jointly choose an impartial family law arbitrator, participate in the arbitration process, and follow the arbitrator’s rulings.
The arbiter is a lawyer or solicitor with specialized training who will weigh the arguments and supporting documentation from both sides to determine each party’s goals before rendering a legally enforceable ruling. Whatever decision is made by arbitration will be recorded in a binding court document and filed later.
Why Arbitration Under Family Law is Employed
Among arbitration’s main advantages are:
You don’t have to wait for a hearing date and verdict for months or even years. For small disputes, most arbitrations are finished in three to six months; for larger problems, it takes six to nine months.
2. Selecting an arbitrator
This is a decision that both you and your ex-spouse can make. For instance, you may select an arbitrator with experience in accounting if the crux of your disagreement is the appraisal of a complicated family business.
While judicial procedures are open to the public, arbitrations are private.
4. Binding decision
If the other party has been hard to work with during negotiations, you can be certain that the arbitrator’s ruling will have some finality because it may have the same legal force as court orders.
When Arbitration can be used in Family Cases
Couples, whether married or not, can utilize arbitration to resolve disagreements about:
3. Child support
4. Accommodations and communication with your kids
5. Particular problems
There is a great deal of power over the arbitration procedure in your case for you and your ex-spouse. This will be spelled out in an arbitration agreement that you will sign together, usually in as much detail as you like.
Choosing to arbitrate “on the papers,” in which case both parties submit information to the arbitrator, who then makes a judgment in their office, or hiring barristers to give oral arguments and/or cross-examine witnesses, much like in a trial, are common examples of procedures.
The Benefits of Arbitration
Some benefits of arbitration include:
1. Compared to going to court, it is less expensive, more formal, and more efficient
2. You and your ex-partner can decide who will arbitrate your dispute because the procedure is flexible.
3. It is fast
4. It can be controlled by you.
1. Engagement requires consent from both parties.
2. Parenting issues are not subject to arbitration.
3. Compared to a court order, an arbitral ruling is more difficult to appeal.
4. Third parties are not bound by arbitral awards.
An arbitrator is typically a family law specialist attorney who has undergone arbitration training and accreditation.
After the arbitrator renders a decision, what happens next?
“Arbitral award” refers to the arbitrator’s decision. It is equally enforceable and binding on the parties as if it were made by a judge after it is recorded with the Family Court.
Frequently Asked Questions About Family Law Arbitration
1. What is family law arbitration?
Family law arbitration is a legal process where a neutral third party, the arbitrator, is appointed to resolve disputes between parties in family law matters outside of court
2. How does arbitration differ from traditional litigation?
Unlike court proceedings, arbitration is a private and more flexible process. Parties can choose their arbitrator, set their own rules, and often have a quicker resolution compared to the court system.
3. What types of family law disputes can be resolved through arbitration?
Arbitration can be used for various family law issues, including divorce settlements, child custody arrangements, spousal support, and property division.
4. Who typically serves as an arbitrator in family law cases?
Arbitrators are often experienced family law attorneys or retired judges with expertise in family law matters. Parties can sometimes mutually agree on the arbitrator.
5. How does the arbitration process work?
The process typically involves the presentation of evidence, witness testimonies, and legal arguments. The arbitrator then makes a binding decision, known as an arbitral award.
6. Is the arbitrator’s decision legally binding?
Yes, in most cases, the arbitrator’s decision is legally binding and enforceable, similar to a court judgment.
7. Can parties appeal the arbitrator’s decision?
Generally, arbitration awards have limited grounds for appeal, providing a finality to the resolution process.
8. What are the benefits of family law arbitration?
Benefits include confidentiality, efficiency, flexibility, and the ability to choose an arbitrator with expertise in specific family law issues.
9. How much does family law arbitration cost?
Costs can vary, but parties often find arbitration more cost-effective than traditional litigation due to its streamlined process and quicker resolution.
10. Is arbitration suitable for every family law dispute?
While it can be effective for many cases, arbitration may not be suitable for situations requiring public attention, such as high-profile divorces, or if one party refuses to participate in the process.