Arbitration: A Form of Non-Court Dispute Resolution

Arbitration is a prominent form of non-court dispute resolution (NCDR) that offers an alternative to traditional litigation. In family law, arbitration can be particularly beneficial in resolving financial disputes while maintaining privacy and efficiency.

Understanding the Arbitration Process

Arbitration involves the appointment of a neutral third party, known as an arbitrator, who is tasked with making a binding decision on the dispute at hand. The process is akin to a private court hearing, where both parties present their cases, and the arbitrator delivers a decision based on the evidence and arguments presented. Unlike mediation or collaborative practice, where the goal is to reach a mutual agreement, arbitration results in a decision that is enforceable by law. 

Benefits of Arbitration in Family Law

Efficiency is a significant benefit of arbitration. Court cases can be lengthy and subject to delays due to the court's schedule. Arbitration, however, allows parties to set their own timetable, often resulting in a quicker resolution. This efficiency can be crucial in family law disputes, where prolonged uncertainty can be emotionally and financially taxing for the parties involved.

Application in Family Law Financial Disputes

Arbitration is especially useful in resolving financial disputes in family law. These disputes often require a detailed examination of financial records and expert testimony, which can be more effectively managed in the flexible setting of arbitration. The arbitrator, often an expert in family law, can provide a well-informed decision that addresses the complexities of financial arrangements between parties.

Moreover, arbitration can be tailored to the specific needs of the parties. For instance, parties can agree on the scope of the arbitration, the issues to be resolved, and the rules governing the process. This flexibility allows for a more personalised approach to dispute resolution, which can lead to more satisfactory outcomes for both parties

If you want to know more about non-court dispute resolution, please get in contact today. 

Jamie Beland & Jessica Jupp