Arbitration is a voluntary process whereby the parties agree that the chosen Arbitrator will decide their property case (or part of it) instead of going to court, and give them a written Judgement (an “award”). The parties agree on the process, the timetable and what information is to be provided. The Award can be registered with the Court and is then binding and enforceable.
The Award can be reviewed by a Judge on questions of law; and/or set aside on certain grounds, such as fraud, non-disclosure for example, and if there was a lack of procedural fairness in the Arbitration.
The only limitation placed on Arbitration is that it is limited to property settlement and spousal/de facto maintenance issues. An Arbitration cannot deal with parenting matters or child support issues.
Fee Guarantee – If an award made by me is reviewed and there is a finding as to an error of law I will refund the Arbitration fee.