What is arbitration?

We do arbitrations

Jacky Campbell of Forte Family Lawyers is an accredited arbitrator and a family lawyer of over 35 years’ experience.

Jacky is an Accredited Specialist in Family Law and a Fellow of the International Academy of Family Lawyers.  Jacky is well known for writing in family law publications for other lawyers and speaking to family lawyers, particularly regarding property, financial agreements, de  facto relationships, superannuation and bankruptcy.

What is arbitration?

Arbitration is a form of dispute resolution. It is an alternative to litigation or mediation.  It is an attractive option because it avoids court delays and results in a decision much faster than can occur in the court process.  Arbitration also results in a definite outcome which may not be achievable in mediation.  By using arbitration parties can save significant costs.

The decision made by the arbitrator is called an award.  This can be registered with the Family Law Courts and is enforceable as a court order.

Currently, the family law matters which can be arbitrated are financial disputes between parties to a marriage or a de facto relationship – so property settlement and maintenance disputes including financial agreement disputes, de facto jurisdictional disputes and superannuation splitting. Child support and parenting matters cannot be arbitrated.

Forte Family Lawyers offers 3 options for arbitration hearings namely:

  1. On the papers.  This is the cheapest option.  There is no hearing.  It is best suited to cases where the fact are substantially agreed but the parties cannot agree on how the law applies to their case.  Parties may be seeking a final determination of all issues or seeking a determination of interim issues pending a final determination, including maintenance and litigation funding. 
  2. On the papers with oral submissions but no cross-examination of witnesses.
  3. Full hearings.

During COVID-19 Forte Family Lawyers is offering full hearings via Zoom, but not face-to-face hearings. 

If you want details of costs please contact Jacky Campbell on (03) 9248 5800 or jcampbell@fortefamilylawyers.com.au.

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