There is now a National Family Law Arbitration List managed in both the Family Court and the Federal Circuit Court.
Arbitration is often an excellent option in property disputes for those who wish to avoid long expensive delays and the stress inherent in the court system.
Arbitration is not available for any matter that involves children.
There are two arbitration options – court ordered arbitration and private arbitration.
Both parties must consent to arbitration.
An arbitrator’s decision is binding and enforceable just the same as a court order.
The sequenced approach that we would normally advocate to our clients in property division disputes would be –
The vast majority of property disputes are not overly complex and involve the former matrimonial home, superannuation, vehicles, some investments and money held in various accounts.
There should be no need to go the long haul in the court system.
The Court system involves long delays, legal pressure tactics and lawyers playing the legal game at their clients’ expense, stress and disruption to the litigants, their families and to their business life.
Why go down this road when better, quicker, less stressful and less expensive options are open to you?
We start off with taking the time to truly and deeply understand your needs, fears, aspirations and core interests. We call this “triage”.
Out of triage comes a written blueprint or roadmap to manage your dispute all the way to finality.
It is all costed and so no surprises down the track.
Once you approve the blueprint, we commence.
First we negotiate with the the other party and his/her lawyer and apply strategies to gain their trust, cooperation and collaboration to work out a fair, just and equitable split of property, financial and investment interests and any liabilities attached to them.
We work diligently to reach agreement on the facts and circumstances that the law states are relevant and material to determining a fair and just property division.
Next, we try to reach agreement on how the well established legal principles should be applied to those facts so as to achieve what the law states is the over riding goal – a fair and equitable division of property between the parties.
We seek assistance as necessary from external experts such as accountants, financial planners and business consultants.
Where we have a major difference of opinion on the law we can agree to appoint a neutral legal expert to hear from each of us and making a neutral ruling on point.
This can be done quickly and the cost shared between our clients.
Along the way, in our negotiations, if it appears we are making progress but we get stuck on some issue that becomes a roadblock, we can agree to appoint an expert mediator to help us get past that roadblock.
If mediation fails to get the parties 100% across the line then they can quickly transition to private arbitration.
The chosen arbitrator can be asked to make determinations only on the matters where the parties have failed to reach agreement during their negotiations and at mediation.
Where is a positive will and desire by both parties, assisted by lawyers dedicated and committed to achieving an out of court resolution, 9 times out of 10 there will be a successful outcome.
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