Family Arbitration an alternative to a broken system

No area of law and its administration has faced more challenges and criticism than the court process which is too complicated, takes too long, drives people further apart and is too expensive for all but the very well to do.

The irony is that for decades the “well to do” have in many cases used alternate ways of resolving their family disputes by using “Family Arbitration”.


The process or timetable for resolution is determined at an early


The proceedings are private. Personal affairs do not become matters of public record, as with the court process where public affairs are available to newspapers.


Those involved in assisting parties in the resolution of their issues are chosen by them and not imposed upon them and the same party is likely to deal with the matter throughout.


The process is time sensitive – no waiting for motion or trial dates.


The parties, with the assistance of their own counsel can craft the process, thereby eliminating the mandatory and needless filing of materials.


While it is acknowledged that the cost of the mediator/ arbitrator will have to be paid by the parties, the savings in using a simplified procedure are generally significant.


P​arties already involved in lengthy litigation with its resulting delays and postponements can elect to have certain portions of the court process dealt with by a companion process, normally using arbitration to deal with interim motions, particularly in those jurisdictions where waiting for a hearing on these matters can take months.


​Awards made after Arbitration can be filed with the Supreme Court and enforced in the same manner as a court judgement. Agreements arrived at may be similarly enforced.

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