BY A FAMILY LAWYER

Introduction

Have you tried mediation and still can’t seem to reach an agreement?

Are negotiations seeming endless with no settlement in sight?

At Cominos Family Lawyers, we understand that going to Court or seeing your matter progress to a final hearing is daunting and often riddled with high costs, long delays and stress.

If your matter relates to property and you are looking to avoid this process, Arbitration is available and may be your next move.

Although slow in comparison to Commercial law, Arbitration is quickly rising to attention in Family Law and for good reason:

1. Your Say Is Important

Before going to Arbitration both parties must consent to the process and agree on an Arbitrator.

Unlike going to Court where you have no say in which Judge is appointed, you can consider your options and be satisfied the Arbitrator you agree on will be the best fit for your matter.

2. Same Level Of Enforcement

The Arbitrators decision, known as the Arbitration Award, can be registered with the Court unless either party is seeking to appeal.

Once registered, the Award has the same legal effect as a Judge made order, meaning you will have finality to your matter and the security of knowing the outcome is binding and enforceable.

3. Avoid The Delays

Arbitration is a streamlined approach.

Unlike the Courts where it can take upwards of 2 years to reach a final hearing and several months before a judgment is handed down, your matter can be finalized faster, and you will receive a decision within 28 days of the Arbitration.

The quicker your matter is finalized, the sooner you can move on with your life.

4. Avoid The Costs

Avoiding the lengthy court process means you avoid the costs that go with it.

Going through Arbitration is a more costs effective way of finalizing your matter, meaning less of the asset pool is spent on legal fees, and more is left over for you.

5. Keep Your Matter Private

In most cases the Family Court is an open forum the public can attend.

Arbitration is a private and confidential process.

There is no public access and no release of the Arbitration Award, meaning you can be confident that your matter stays private.

Interested? Next Steps.

If you think Arbitration is the next step for you, or you want more information on how this process may benefit you?

Get in touch with one of our knowledgeable family lawyers who can assist you to understand the process and whether it is a good fit for your matter.

Contact us, email info@cominoslawyers.com.au or call 02 8999 1800.