Arbitration | Collier Lawyers
Arbitration is a voluntary process whereby the parties agree that the chosen Arbitrator will decide their property case (or part of it) instead of going to court, and give them a written Judgement (an “award”). The parties agree the process, the timetable and what information is to be provided. The Award can be registered with the Court and is then binding and enforceable.
The Award can be reviewed by a Judge on questions of law; and/or set aside on certain grounds, such as fraud, non-disclosure for example, and if there was a lack of procedural fairness in the Arbitration.
The only limitation placed on Arbitration is that it is limited to property settlement and spousal/defacto maintenance issues. An Arbitration cannot deal with parenting matters or child support issues.
What is great about Arbitration? It is timely, cost effective AND you control the process.
Will the person doing the Arbitration be any good?
What’s in it for lawyers? – Some lawyers may not agree but in my opinion the files that made me the most money also caused me the most stress and took up the most time. The best files, in my practice. are the ones dealt with quickly, where the client is reasonably happy with the outcome (and went off to recommend my services!) leaving me to take on more work.
In summary Arbitrations can be dealt with quickly, often within a matter of weeks or months with considerable cost saving and less emotional stress.
Fees – $350 per hour plus GST. An arbitration on the papers for example, usually involves about 10 hours’ work, depending on how much the lawyers can agree about the process, for the arbitration agreement, and the documents required to be read and considered.
Fee Guarantee – If an award made by me is reviewed and there is a finding as to an error of law I will refund the Arbitration fee.