Due to a range of ongoing issues, Australia’s Family Law Courts are currently at maximum capacity across all jurisdictions. Unfortunately, this has resulted in serious backlogs, which have in turn led to excessive delays for all parties involved in cases being heard before the Family Court. These delays have unsurprisingly resulted in a notable increase in families looking towards alternate dispute resolution methods such as Family Arbitration to help resolve their Family Law disputes.
What is Family Law Arbitration?
Family Arbitration is a process whereby parties to a dispute present arguments and evidence to an independent Family Arbitrator, who then makes a decision (or ‘award’) in order to resolve the dispute. Following an Arbitration, the Arbitrator issues their decision within 28 days (much faster than the courts, which can take up to 3 months to deliver a decision). When the decision is made, it is registered with the courts, giving it the effect of a court order.
Whilst Family Arbitration differs from Family Mediation in that the parties do not have control over the outcome, Family Arbitration does give conflicting parties more control over the overall process, even with regard to issues as simple as being able to agree on a date for the Family Arbitration to take place.
Family Arbitration is a cost-effective solution aimed at reducing the often-daunting and adversarial nature of litigation.
Click here to read our Plain English Guide on Arbitration.
When can Arbitration be used in Family Law?
It is important to note that Family Arbitration can only be used for property disputes, and does not cover parenting issues (although these can be discussed in Family Mediation).
Coleman Greig’s Family Arbitration team are able to assist clients with:
- Property matters;
- Spousal maintenance and maintenance agreements;
- Financial agreements made pre, post or during marriage;
- Superannuation agreements; and
- Execution and compliance with court orders.
Family Arbitration is not applicable:
- Where there is negative equity;
- Where there is a connected dispute regarding children’s living arrangements;
- Where there is an unvalued business;
- Where there is an unsecured third party claim; or for
- Single issues in a property hearing.
Our Family Arbitration Facilities:
Our offices in Parramatta, Norwest and Penrith have spacious and comfortable boardrooms that can be reconfigured in size to suit all occasions, to ensure that parties and their legal representatives are equipped for a day of Family Arbitration. Our Family Law Arbitrators are also happy to travel to other locations if required, or alternatively, can organise facilities in Sydney CBD.
How can Coleman Greig’s Family Arbitration team help you?
Our team of independent Family Law Arbitrators are accredited through AIFLAM, and as Accredited Family Law Specialists have extensive levels of experience in handling Family Law matters. Our Family Law Arbitrators understand the severe impact that the emotional and financial stress caused by family breakdowns can have on conflicting parties, and are experienced in handling matters with unbiased professionalism in order to achieve the fairest results at all times.
Need more information?
Would you like to speak with one of Coleman Greig’s Accredited Family Law Arbitrators to discuss your situation and decide whether Family Arbitration is the right move for you?
Please don’t hesitate to get in touch via email, or by calling our dedicated Family Law Arbitration phone line:
Phone: 1300 738 660
Coleman Greig are available to service your needs no matter where you are located in NSW. Our network of offices are supported by the latest digital technology, enabling us to work with you in a way that suits you best.