The main difference to mediation is that in mediation, parties seek to reach their own agreement on matters with the assistance of the mediator. In some respects arbitration is more similar to the court process but has certain advantages which are detailed in below.

However the issues that can be arbitrated are limited to financial matters such as property settlement, spousal maintenance, and Financial Agreements. Children’s matters such as who children live with and who they spend time with, are not matters that can be dealt with in an arbitration.

• a Legal Practitioner who is either accredited as a Family Law Specialist recognised as such by the relevant State Law Society or Association or who has practiced as a Legal Practitioner for at least 5 years with at least 25% of work done in that time in relation to Family Law;
  
• has completed specialist arbitration training conducted by a tertiary institution or professional association of Arbitrators; and
  
• is included in a Law Council of Australia list of Practitioners approved by the Council which is the list now maintained by AIFLAM.
  

• Control of the process and the degree of formality - The arbitration can be designed to meet the needs of the individual parties and their issues.
  
• Flexibility - An arbitration does not require the same level of formality as a Court hearing.
  
• Convenience - The arbitration can be held at a time and place, and in accordance with a timetable, agreed between the parties and the arbitrator.
  
• Choice of decision maker - The parties are able to choose an arbitrator in whom they have confidence.
  
• Avoidance of delay - By setting their own timetable, the parties can avoid the delays inherent in the formal Court processes, obtain a prompt resolution of disputed issues, and have certainty that the hearing will take place on the agreed date.
  
• Promptness of decision - The arbitrator agrees to provide his or her award and reasons within a specified period (generally not later than 28 days from the hearing).
  
• Confidentiality - Arbitration takes place in a confidential setting. Arbitrators take an oath not to disclose any communication or information received in their capacity as arbitrator.
  
• Binding result - An arbitral award is a conclusive determination of the dispute subject to rights of review provided in the Act, and is binding and enforceable.
  
• Cost - By designing an arbitration process which meets their individual needs, and avoiding the costs of the Court processes, parties can achieve significant savings. Further, as a result of arbitration taking place at a time of their choosing, valuations remain current and the expense of updating material is avoided.
  

• Application in an Arbitration
• Response to an Application in an Arbitration
• Subpoena in an Arbitration
• Notice of Request to Inspect - Arbitration
• Form 6 - Application for Arbitration
• Form 7 - Property or Financial Arbitration
• Form 8 - Application to Register Arbitration Award
• Form 9 - Application to Register Decree Affecting Registered Arbitration Award