Arbitration of family law disputes
Is arbitration appropriate for family law disputes?
No, arbitration is not the most appropriate method to resolve family law disputes.
Arbitration is a process where parties to a dispute present arguments and evidence to an arbitrator, who makes a determination to resolve the dispute.
Arbitration is not the preferred method for resolving family law disputes for the following reasons:
- The decision of the arbitrator is not legally binding in family law matters and does not give conclusion to the dispute. The exception is when the Family Court orders with the consent of the parties that the proceedings are referred to an arbitrator for arbitration.
- Communications with an arbitrator are not confidential.
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