Parties have the right to appear, hear and present evidence, either in person or by legal representation. Subject to the adjudicator`s instruction, the evidence may be examined by cross-examination. The rules of evidence may apply or be removed when choosing the games by appointment. The Institute continued to undergo training in each state in family arbitration and mediation in accordance with the application and was active through its association with the Family Law Department of the Law Council of Australia in promoting both mediation and arbitration during its twenty years of creation. One of AIFLAM`s top priorities is to promote the benefits of arbitration and mediation as effective dispute resolution solutions for both practitioners and those seeking alternatives to traditional family justice litigation. The Australian Institute of Family Law arbitrators and Mediators promotes the benefits of mediation and arbitration as a means of dispute resolution for both practitioners and the wider community. The Family Law Department of the Family Law Council of Australia recognized that there was no organization with professional experience in family law that could provide arbitration training and decided to establish the Australian Institute of Family Law Arbitrators as an independent body to promote family law arbitration and train properly qualified arbitrators. Private arbitration is a procedure in which the parties to the dispute (with or without the assistance of lawyers) submit arguments and evidence concerning their disputed cases to an arbitrator who determines the outcome of the dispute and makes all the arbitration decisions necessary to terminate the dispute. Issues relating to children as well as with whom children live and with whom they spend time are not matters that can be dealt with in arbitration proceedings, and no child custody issues can be addressed. The settlement/mediation of family disputes is better suited to this type of dispute.
The arbitrator is required to submit a written decision to the parties after the end of the hearing within the time frame set out in the arbitration agreement. In cases where it is established that the facts at issue require a hearing, questions relating to the date, jurisdiction and format of the hearing between the parties and the arbitrator are resolved at the preliminary conference. In line with the objectives of arbitration, the objective should be to ensure that things are heard and decided as quickly and simply as possible, while ensuring procedural fairness. As noted above, one of the potentially significant benefits of private arbitrations is that the parties have the opportunity to have a say in the organization of the determination process. This may include the possibility of giving up the hearing altogether and determining the case by the arbitrator on the documents presented to him. However, the questions that can be asked are limited to financial issues such as the treatment of real estate, spousal support and financial agreements.