Family Arbitration for Dispute Resolution

 

Family arbitration is a method of dispute resolution most commonly used at the breakdown of a familial relationship, such as a divorce or separation. It can be used to help resolve disputes over finances, property rights, and child custody and access.

Using the services of a family arbitrator is less formal than taking matters to court and can help get matters resolved more quickly.

Attorney-at-law Dr Edgar Paltzer counts family arbitration among his areas of specialist legal expertise.

Benefits of Choosing Arbitration

The key benefits to choosing arbitration over court proceedings include a faster resolution in most cases. The process is usually more flexible and the involved parties can choose who they wish to be their arbitrator, whereas in court they would not be able to choose which judge was allocated to the case.

It is also a more informal process than going to court and can often be more affordable. Both parties have the option to appear as a litigant in person, or appoint a lawyer to act on their behalf throughout the arbitration proceedings.

When to Choose Arbitration

Arbitration can be a good choice in cases where there are disagreements over how property and assets should be divided or how childcare and support should work. However, there are some circumstances in which choosing to go to court would be the better option.

These include cases where one party believes the other may be trying to hide assets, or where evidence from third parties would be required to resolve specific disputes. In these cases, full legal proceedings will be more likely to get to the bottom of the dispute.

Arbitration Vs. Mediation

Many people think arbitration is the same as mediation. This is not the case. Although both systems involve a neutral third party helping to reach a decision, the key difference is that the findings of an arbitrator are binding, unless it can be proven that the arbitrator has not followed the letter of the law.

A mediator hears both sides of a dispute and talks things through with both parties to try and help them reach a resolution by themselves. However, if at the end of mediation one or both parties do not agree with what the mediator says, they have the option to explore other paths of dispute resolution.

Once arbitration proceedings have been approved, the decision of the arbitrator is just as binding as that of a judge in court.