Family Law Arbitration
Family law arbitration is a form of private dispute resolution in which the parties enter into an agreement to arbitrate. The authority for family law arbitration derives from the Arbitration Act 1996 and an agreement to arbitrate.
Family law arbitration can also be used to resolve property disputes. The parties can agree to tailor the way the arbitrator hears their case, so that the time, cost, and effort fits the value and importance of the dispute. For example, a simple dispute might be heard only “on the papers”. That means the arbitrator will consider the documents provided by each party and make a decision on those documents. In other cases, the parties might agree to have a process much like a full Court hearing. Anything in between is also possible, by agreement. In every case, every party to the dispute must see and hear everything the arbitrator sees and hears.
Family law arbitration can be used to resolve all kinds of property and trust disputes, big and small, complex and simple.
You can search for a family law arbitrator on our Find a Professional page.
Through our appointments service, AMINZ acts as a neutral third-party to find a dispute resolver for you. If you’re seeking the appointment of an Arbitrator, Mediator, Conciliator, or Expert, you can do so via our appointments service. Our Appointments Panel considers the type of dispute, experience and knowledge required, accreditations, location and price point to nominate a professional to match your dispute. Learn more.
The authority for family law arbitration derives from the Arbitration Act 1996 and an agreement to arbitrate.
In cases involving trusts, the Trusts Act 2019 provides authority to arbitrate most trust-related disputes by agreement. In certain cases a Court can order a trust dispute to be arbitrated.
In cases involving relationship property, the agreement to arbitrate must:
a. state it is an agreement to settle property between the parties under s 21A of the PRA;
b. be in writing and signed by both parties;
c. include the witnessing of each party’s signature by a lawyer; and
d. confirm each party had independent legal advice before signing.
The lawyer who witnesses the signature of a party must certify they have explained the effect and implications of the agreement to arbitrate. That means the lawyer needs to ensure their client understands (a) the arbitrator will be making decisions on the issues the parties agreed to submit to arbitration and (b) the parties cannot challenge those decisions (unless the arbitrator has made an error of law).
The agreement to arbitrate should ideally also state the arbitration is to be conducted in keeping with New Zealand legal principles. That will prevent later argument that the agreement is invalid on the grounds it strayed too far outside the bounds of New Zealand public policy.