Arbitration

Arbitration is a process, similar to that of a mediation, with the unique difference that at an Arbitration the parties to a dispute (using lawyers if they wish) present their case and evidence to an Arbitrator who makes a determination to resolve the dispute. In a mediation it is the parties who reach their own agreement to resolve the matter.  In some respects, the Arbitration process mimics the Court process but has some obvious advantages over the Court process, such as costs for one.

Kathleen Berck is specialist trained and qualified Family Law Arbitrator who is accredited under the Regulations.  Arbitration is a viable alternative to litigation for parties and can often result in a quicker resolution for parties than waiting for matters to be litigated in the Federal Circuit Court of Family Court of Australia.    Arbitration can be used to resolve financial disputes but cannot be used to deal with Child Support or Children’s Welfare issues.  The Award of the Arbitrator (the decision given as to the division of assets) can be registered with the Court and issue as a binding and enforceable Agreement.  Any Award that is registered by a party following Arbitration can be objected to by the other party within 28 days however if the Award is accepted by both parties then once registered it has the same effect as if it were an Order of the Court.