How does arbitration work?


Arbitration is similar to Court proceedings. Paperwork setting out your case is filed, requests for further information or documents can be made by the other party or the arbitrator and once everything has been filed, the matter can proceed to a final hearing. The parties present their evidence and make submissions supporting their case. Afterwards the arbitrator decides the award or determination.

Family arbitration is different to mediation and collaborative law as the dispute is heard by a qualified arbitrator and a decision is given (called an award) in respect of money claims or determination if it relates to children. Any decision is binding on the parties. It is therefore different as other forms of ADR concentrate on helping the parties themselves reach a solution.

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