Arbitration is a private hearing. Instead of waiting for a trial date, the parties agree to put their dispute to an arbitrator, who hears the evidence and makes a decision that binds both of them in the same way as a court order.
It appeals to people who want the matter decided rather than negotiated, but who do not want to wait a year or more for a courtroom, or to have their affairs aired in a public hearing. The parties choose the arbitrator, and the process can be shaped around the issues that are actually in dispute: sometimes a single question, such as one parent’s income or the value of a business.
Arbitration is not suitable in every case. It costs money the court does not charge, and the grounds for challenging an award afterwards are narrow. We will tell you whether your matter is a sensible fit before you commit to it.
What we help with
- Advice on whether arbitration suits your dispute
- Arbitration agreements and choosing the issues to be decided
- Representation at an arbitration hearing
- Mediation-arbitration, where an unresolved issue moves straight to a decision
- Turning an award into an enforceable order, and responding to a challenge
How it usually works
- 01
Agree to arbitrate
Both parties sign an arbitration agreement that sets out the questions to be decided, the arbitrator and how costs are shared.
- 02
Prepare the case
Financial disclosure and evidence are exchanged much as they would be for a hearing, but on a timetable the parties set.
- 03
Hearing and award
The arbitrator hears both sides and issues a written award. It is binding, and it can be filed with the court and enforced.