THE ARBITRATION PROCESS
STEP ONE – CHOOSE YOUR ARBITRATOR
Choose the arbitrator that is best suited to your matter.
Our members offer a range of experience and cost.
FLAG (QLD) will assist you identify the expected costs and availability of each of our arbitrators.
STEP TWO – OBTAIN ORDER OR AGREEMENT
It will be necessary to obtain an Order from the Court pursuant to s.13E of the Family Law Act referring the matter to arbitration. Alternatively, enter into an Agreement to arbitrate the dispute.
STEP THREE – CONDUCT THE PRE-HEARING CONFERENCE
The Pre-hearing conference is a mandatory step at which the rules of the arbitration are established.
The style of the arbitration is tailored to the dispute.
Some matters will require a process that approximates a trial.
In those matters, the parties will have the right to appear and to be heard, personally or through legal representation, and the right to produce evidence.
Subject to the direction of the arbitrator, evidence can be tested through cross-examination.
Other matters might be able to be dealt with by way of written submissions.
In consultation with the arbitrator, the parties are guided to the type of process that best suits their case and personal circumstances.
Practical matters such as the venue for the arbitration and the date of the arbitration will be determined at the pre-hearing conference
STEP FOUR – CONDUCT THE ARBITRATION
The matter will be heard in accordance with the Arbitration Plan generated at the pre-hearing conference.
STEP FIVE – REGISTER THE AWARD
The arbitrator has an obligation to produce to the parties a written determination after the conclusion of the hearing. It must be within the time specified by agreement between the arbitrator and the parties.
As with court proceedings, the arbitrator is required to make the necessary determinations as will finally determine the issues between the parties.
The arbitrator’s award may be registered. Once registered, such an award has the same binding effect as an order made by a court. It may be enforced as if it was an order of a court.