Bortolussi Family Law


	WHAT IS ARBITRATION?
	Arbitration is a process where the parties in dispute agree to retain an arbitrator to hear their evidence and submissions in law in a private hearing. The parties are then bound by the decision of the arbitrator. In essence, the parties retain experienced, senior counsel to be the judge who will hear their case in private. The hearing, documents, evidence and award by the arbitrator are confidential. Usually, parties who choose this process prefer to have the details of their matter and their financial affairs dealt with privately and confidentially instead of in the public court process.


	INDEPENDANT LEGAL ADVICE
	Under existing legislation, the parties must each obtain independent legal advice from their respective lawyers before starting the arbitration process. It is recommended that the parties have legal counsel when setting up the arbitration process and to attend to represent them at the arbitration hearing. When the dispute is a “secondary dispute”, that is, where a separation agreement or court order already deals with the issue in dispute, independent legal advice may not be required.