How is arbitration different from mediation?
In mediation, you and the other party reach your own agreement and the mediator decides nothing. In arbitration, you present your case and the arbitrator makes a binding decision for you — much like a judge, but in a private, streamlined process you control the timing of. Arbitration is ideal when mediation hasn't fully resolved a financial matter but you still want to avoid court.
What can be arbitrated?
- Property settlements and the division of assets
- Superannuation splitting
- Spousal maintenance and financial support
- Financial aspects of de facto separations
Note that arbitration in Australia is used for property and financial matters — parenting disputes are not arbitrated.
Faster and private
An arbitrated decision can be reached in a fraction of the time a contested court hearing takes, on a timetable you help set, and entirely out of the public eye.
Is an arbitration decision binding?
Yes. An arbitral award on financial matters can be registered with the court and is then enforceable like a court order. It brings genuine finality. Often the best path is mediation first, with arbitration reserved for any issues that remain. Learn how the process works →