Arbitration is a method of alternative dispute resolution in which parties agree to the binding resolution of their family law dispute without going to Court. Morag is an accredited Family Law Arbitrator and has resolved many complex and high conflict cases using this process. Arbitration proceeds like a case in Court, but less formally. Each party is represented by a lawyer, although in some cases the parties appear on their own. Both sides give evidence and present their respective positions about resolution of the issues in dispute. After the evidence and arguments are received, the arbitrator makes a decision, called an arbitral award, which is binding on the parties and can be enforced by the Court.
The benefits of arbitration include:
it is more efficient, less formal and can be less expensive than going to Court;
the process is flexible and can be tailored to the specific case in question, and
the parties can choose a professional to decide their dispute.
If you are considering family law arbitration, it is important to speak to a lawyer first to understand the pros and cons of this method of dispute resolution. Any arbitral award about children must follow the “best interests of the child” test. Arbitrators must ensure that the process is fair to both parties and they must assess any family violence and its impact. If arbitration is chosen for the resolution of your family law dispute, Morag will work with the parties and counsel to design a process that is fair, efficient and cost effective, taking into account the complexity, importance and value of the issues in dispute.
Talk with your lawyer about Consensual Dispute Resolution methods such as Mediation, Arbitration and Parenting Coordination.
Morag has a great track record of resolving family law disputes and she is here to help you solve yours and reclaim peace.