Arbitration

Arbitration Brisbane CBD

Arbitration is a legal process where the parties present arguments and evidence to an independent third party, the arbitrator, who makes a determination.

Arbitration can be particularly useful in circumstances where the subject matter is highly technical, or where the parties seek greater confidentiality than in an open court. Arbitration can be voluntary, ordered by the court or required as part of a contract. Arbitration is a legal technique for the resolution of disputes outside of the courts, where the parties in the dispute refer it to one or more persons (the arbitrator(s)) by whose decision they agree to be bound.

The arbitration process

Arbitration can be a much more formal and structured process than conciliation or mediation. In some ways, arbitration is more similar to court in the fact that at the end of the session the arbitrator makes a binding decision.

Some of the differences between arbitration and other alternative dispute resolutions, such as mediation and conciliation, include:

  • The people involved in the dispute have to come to an agreement before the process that the arbitrator’s decision will be binding and enforceable.
  • There may be one arbitrator present, or a group of arbitrators to hear your dispute.
  • There is a much greater need to produce evidence or facts.
  • The arbitrator may be a specialist in the subject matter of the dispute or have legal qualifications.
  • At the end of the process, the arbitrator will make the decision for the parties.

In the event you are unhappy with the decision of the arbitrator, there is a process available where you can apply to the court to review the decision.  Like when you appeal a decision from a Judge, you need to be able to establish certain legal grounds to successfully review an arbitrators award.

When is arbitration suitable?

Arbitration can be extremely useful in the case where mediation or other forms of alternative dispute resolutions have not led to an agreement or if you would like a decision to be made for you and is confidential, cheaper and quicker than going to court.

Who appoints the arbitrator?

The parties that are involved in the dispute usually have the ability to select the arbitrator/s. In the case where only one arbitrator is present, then both parties are required to agree on a selected arbitrator. In the case where multiple arbitrators are present, such as three, usually, each party can nominate an arbitrator each and then agree on a third arbitrator.

Advantages of arbitration

  • In most cases, is a much more efficient and economic exercise than litigation
  • It is confidential
  • The parties can determine with the arbitrator how the process should be carried out
  • A decision made by an arbitrator, known as an award, is enforceable, similar to a judgement delivered in court.

Arbitration with Deborah Awyzio

Deborah is also an accredited family law specialist and qualified solicitor with over 20 years in family law exclusively. She is the founder and director of the firm DA Family Lawyers, a well renowned Brisbane-based firm, established in 2005. Deborah is highly respected in the industry among her professional colleagues and clients.

Deborah is committed to assisting people take charge of resolving their dispute in a private arena away from the Family Law Courts.

Arbitration Podcast

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In this episode of Family Law For You, Deborah Awyzio discusses:

1. What is arbitration?
2. What is the role of an arbitrator?
3. Why would someone undergo arbitration?
4. Does arbitration involve a court at all?
5. What are the requirements for arbitration?
6. What is involved in the process?