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Frequently Asked Questions

How can I miss out the court process completely?

Family arbitration. This is a form of private dispute resolution in which the parties appoint an arbitrator to adjudicate a dispute and make an award. The arbitrator’s decision is final and binding, just as with a judge’s decision at a final hearing in court. Arbitrators are usually experienced barristers or retired judges.

As with a private FDR judge, the parties can choose the arbitrator, venue, date and time. The parties will need to pay the arbitrator’s fee, but the flexibility and ability to get a final decision more quickly than through the court process may mean that arbitration is more cost-effective than court. More information about family arbitration can be found on the Institute of Family Law Arbitrators’ website.