About Family Arbitration
Who is the Family Arbitrator?
Usually, an Arbitrator is a legal practitioner who specialises in family law and has been accredited as an Arbitrator. In Ireland the accreditation comes from the Chartered Institute of Arbitrators.
At Family Arbitration.ie the Arbitrator is Rachael McDaid – Solicitor, Arbitrator and Mediator specialising in separating couples.
What can be Arbitrated?
On the whole everything that can be dealt with in the District Court or Circuit Court or High Court can be dealt with in family arbitration with certain exceptions such as matters that would change the legal status of one or both of the parties i.e. An Arbitrator cannot issue a Divorce Order or legally separate the parties but an Arbitrator can deal with all the ancillary orders such as child and spousal maintenance, property division, child access and custody, pensions etc.
So, in a Legal Separation or Divorce case the parties could attend arbitration to get legally binding decisions on all the above items and when the Arbitrator’s Award on the above matters issues it can be filed with the appropriate Court office along with an application for a Divorce or Legal Separation.
Also, you can choose to arbitrate only certain issues – for example, if you and your former partner agree on the division of property and/or living arrangements but cannot agree on child or spousal maintenance, you can arbitrate on just the child or spousal maintenance or if you can’t agree on the value of the family home you could have an Arbitrator determine that for the Judge to use in the overall proceedings.
Other matters not appropriate for arbitration
Where does the Family Arbitration take place?
At Family Arbitration.ie we have three separate arbitration venues located in Rathfarnham, Dublin 14, Kylemore Road, Dublin 10 and Gormanstown, Co. Meath. Alternatively the parties can with the agreement of the Arbitrator choose an alternative suitable location.
What happens when the Arbitrator has made an Award?
The Award made by the Arbitrator is called an “Arbitral Award” and it is instantly legally binding. It can then be registered with the appropriate family Court at which point it becomes as binding and enforceable on the parties as if it were made by a Judge.
How do Arbitration and Mediation compare and complement each other?
An arbitration resembles court proceedings. An Arbitrator will produce an Award after hearing the evidence and each party’s arguments in support of their case. By contrast, a Mediator helps a couple reach their own settlement through agreement.
A mediation process can take place either before or after an arbitration. Sometimes an Arbitrator may consider during the course of the arbitration that mediation would benefit the parties and will then suggest mediation. A number of Arbitrators such as Rachael are also trained mediators and therefore fully understand the benefits of settling through mediation. Conversely, Mediators may recommend arbitration as an out-of-court form of resolution if it seems clear that the parties are not going to reach an agreement in mediation.
It is also possible for a Mediator to refer a specific part of a dispute to arbitration, in order to resolve an impasse encountered during the course of a mediation, which may open the door to subsequent agreement, thus facilitating a mediated outcome.
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Ready to resolve your family law matters with professional and compassionate arbitration services? Get in touch with Family Arbitration.ie today and let us guide you through the complexities of child custody, maintenance, property division, and more. Your peace of mind starts with a simple call.
