Arbitration – Private Resolution

Arbitration

I am excited to see the focus of the Family and Federal Circuit Courts of Australia, towards arbitration. A media release has been issued by the courts indicating that matters being referred to arbitration will be in a dedicated list, to be managed electronically by a Judge in each court.

Arbitration is an efficient, quality service which determines disputes much quicker than the public court system. The Family Law Courts were struggling to cope with their caseloads even prior to COVID-19 restrictions being in place.

Australians have long recognised the benefits of private health insurance over our public health system and it has astounded me that for so long there has not been the same recognition about the superior benefits of Arbitration.

Arbitration is the private health insurance of the legal system. When you compare what can be achieved in the public court system from a timing perspective against arbitration it looks like this:

Arbitration

  • a delivered award within one month (or other contracted period), guaranteed.

Public court system

  • A trial date for property matters not before 18 months.
  • Once the trial date occurs, a delay in receiving the judgement of between three to twelve months (historically).

Why wouldn’t you be steering your clients towards this more efficient method to determine their dispute, if mediation is not able to achieve an outcome.