Family arbitration, negotiation and conciliation
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What is arbitration?
Arbitration is another type of dispute resolution. You can only use arbitration for property disputes.
At arbitration, an independent third party (arbitrator) considers the arguments and evidence presented by each person and then makes a binding (legally enforceable) decision.
The rules and procedures are less formal than in a court and each person involved in the case must agree to abide by (obey) the decision. If you are part of an award made in arbitration, you can register the award with the court. It becomes the same as a court order once registered. The family law courts can review a registered award and affirm, reverse or vary the registered award or agreement under certain circumstances.
Is there a fee for arbitration?
Arbitrators may charge fees for their services. They must give written information about those fees to each person involved in the dispute, before the arbitration begins.
Is arbitration confidential?
Discussions with arbitrators are not confidential and may be admissible (allowed in as evidence) in court.
What is negotiation?
Negotiation is another kind of dispute resolution. It can be as simple as you and your ex-partner talking, or it can involve lawyers. When you ask a lawyer to negotiate for you, be clear about what you want to happen.
Focus on making arrangements that are in the best interests of your children and sorting out a fair property settlement.
What is conciliation?
If you apply to the court for a property settlement, you usually have to go to a conciliation conference before any final hearing. In that conference you, your former partner and any lawyers involved, will discuss the settlement with a court registrar or independent professional appointed by the court.
The aim is to settle the property dispute by agreement, instead of the court making the decision. If you reach agreement at the conference you can have the court make consent orders that reflect the agreement if the agreement is just and equitable.
Acknowledgement - Prepared using fact sheets which are copyright to the Commonwealth of Australia and National Legal Aid.