Is Your Family Law Matter Suitable for Arbitration?

The approximate time from the initiation of proceedings in the Family Court of Western Australia to the date of final judgment is currently between 3.5 and 4 years.

Our clients often report the unseen stress and emotional cost that lingering proceedings has on their lives.  That cost is in addition to the more easily quantifiable financial burden of ongoing legal costs and disbursements associated with lengthy litigation,

Arbitration is a type of alternative dispute resolution that involves an independent, jointly appointed person (the arbitrator) making a decision as to the division of assets (in the form of an award). The award is registered in the Family Court and is binding.  The arbitrator must deliver the award within 28 days of the end of the last day of arbitration.

Once people are in the arbitration process, the arbitrator can determine interim issues needing to be addressed before the arbitration runs (for example, the appointment of a single expert witness to prepare a valuation report, or the payment of either or both parties’ legal fees).

All appointments with the arbitrator, and the arbitration, are booked in when the arbitrator, parties and their lawyers, if represented, are available.  Given arbitrators are not managing the case load that judicial officers are burdened with, arbitrators can hear matters much sooner than the court can.  It can take weeks if not months for an interim hearing to be listed in the Family Court depending on the level of urgency with which the application is made.

Arbitration can be tailored to fit the needs of the case. Arbitration can be structured similarly to a trial, or on a more informal basis.

Arbitrator’s fees are more costly than court setting down and hearing fees, and it requires the consent of both parties to agree to engage in the process by signing an arbitration agreement, so arbitration may not be a viable option for everyone.

If you are involved in a financial (not parenting) case in the Family Court of Western Australia, speak to your lawyer or seek legal advice about arbitration as a means of alternative dispute resolution.  If your lawyer is not prepared to recommend you engage in that process, ask them: why not?

We’re Here to Help

Family law matters can be difficult and complex. If you require any assistance with a family law dispute, always contact a legal practitioner who will be able to help.  More information about our services can be found at our About Us page here.

Disclaimer

This article is not legal advice and the views and comments are of a general nature only. This article is not to be relied upon in substitution for detailed legal advice.

If you would like to republish this article, please contact us prior to doing so at info@osullivandavies.com.au.