January 7, 2019
The Arbitration process in Family Law – How does it work?
Children Arbitration is a process where you choose the judge who is to make the decision about your family dispute and agree to be bound by that decision. Whilst going to the Family Court is an option, arbitration offers the same benefits in that you or your legal representative can set out your case and ask questions of the other side, and a decision will be sent to you in the form of a high quality written judgment. The difference in coming to us is that it is much quicker and a lot less expensive than going to court.
The hearing dates are chosen by you. The judge is chosen by you. The arbitration hearings themselves are also far less formal and intimidating than they can be in the Family Court.
Arbitration is not mediation, early neutral evaluation or a legal advice service. It is a legally approved process which resolves your dispute with a sound final decision made by a qualified expert in children law. It’s an alternative dispute resolution service.
The decision of the Arbitrator is called a Determination. It is a written, detailed and reasoned judgment, which is completely independent. The same law must be applied in the arbitration as is applied in the Family Court. The arbitration must also be conducted fairly and properly.
Once you have the Determination, you or your solicitor can make a simple application for a court order in the same terms as the Determination so that you have an enforceable order. You will not normally have to attend a court hearing to get this.
The family barristers on this website are able to represent you at arbitrations and you will also see arbitrators who you could choose to determine your dispute. If you would like to appoint a barrister or an arbitrator please contact our clerks for a simple guide to the process and an idea of fees.
Julie Stather MCIArb | Family Arbitration
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Upon receiving your enquiry a public access clerk will contact you within 24 hours to discuss your case in further detail. Please see our 4 steps outlining the process of instructing a public access barrister with Barrister For Me.