Arbitration Flashcards
What is arbitration?
Arbitration is a process whereby parties involved in a dispute present arguments and evidence to an arbitrator, who then makes an ‘award’ to resolve the dispute.
What types of matters does arbitration involve?
Arbitration is limited to financial matters eg property settlement, financial agreements, spouse maintenance.
How does arbitration work?
Both parties to the dispute consent to attending arbitration and then choose an arbitrator.
When does the arbitration take place?
A timetable is decided upon and the arbitration takes place at a time convenient to both parties.
Can the parties have an lawyer present?
Yes, if they want to, the parties may use their lawyers to present their arguments and evidence to the arbitrator.
What are some features of arbitration?
The arbitrator hears arguments and evidence much like a judge, before making a determination.
Is arbitration confidential?
No, Communications can be admissible in court. communications with arbitrators are not confidential.
Can parties choose their own arbitrator?
Yes. Parties are free to choose their own arbitrator.
Is arbitration formal or less formal?
Arbitration is much less formal gah a court hearing and parties nominate the time and place which it will take place.
Are awards enforceable?
Awards are registrable (s13H) and enforceable under s67S of the Family law regulation.
Can courts review and set aside registered awards?
Yes, courts can review awards (s13J) and set aside a registered award under s13K of the FLA.
What is the cost of arbitration?
Yes, arbitration is cost effective as it removes the costs associated with court processes.
