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Family Law Arbitrator in Sydney

Binding financial dispute resolution for property settlements, superannuation splits, and spousal maintenance — without the cost and delay of court.

38 years of family law expertise
1997 Family Court Counsel
2004 NSW Supreme Court Mediator
LLM UNSW · Family Law & Human Rights
AIFLAM Accredited Arbitrator
Commonwealth ADRP since 2007
NSW Bar ADR & Family Law Committees
Halsbury's Laws of Australia Contributor
SCHEDULE A CONSULTATION

UNDERSTANDING THE PROCESS

What Is Family Law Arbitration?

Arbitration is a structured, legally recognised alternative to family court. Both parties present their arguments and evidence to a qualified, independent arbitrator — Neil Jackson — who then makes a binding decision to resolve the financial dispute.

 

Arbitration is a process in which parties to a financial dispute — other than proceedings relating to a Part VIIIAB financial agreement — present arguments and evidence to an independent arbitrator, who decides to resolve the dispute. The power is provided by way of Court orders through section 10L of the Family Law Act 1975.

 
Source: Family Law Act 1975 (Cth), s 10L; Family Law (Family Dispute Resolution Practitioners) Regulations 2008
 

Unlike mediation — where a facilitator helps parties reach their own agreement — arbitration results in a binding award made by the arbitrator. That award can be registered with the court and made into a court order, giving it full legal force.

SCOPE OF SERVICE

Matters Neil Can Arbitrate

Parties may undertake arbitration — whether court-ordered under s 10L or private — in relation to the following proceedings under the Family Law Act 1975:

Part VIII

Property settlement proceedings between married couples

Part VIIIA

Financial agreements (binding and non-binding)

Part VIIIAB

De facto financial cause proceedings

Part VIIIB

Superannuation interests in family law proceedings

Section 106A

Setting aside a disposition to defeat a claim

Related matters

Any part of, or matter arising in, the above proceedings

Please note: Family law arbitration is limited to financial disputes. Parenting arrangements — including children's living arrangements and contact — cannot be resolved through arbitration and must be determined by the court or through a separate mediation or collaborative law process. Neil offers both services.

MAKING THE RIGHT CHOICE

Arbitration vs Litigation vs Mediation

Not every dispute needs arbitration — and not every dispute is suited to mediation. Understanding the differences helps you and your lawyer choose the most effective path forward.
Litigation (Court) Arbitration with Neil
Binding outcome ✓ Yes (judge decides) ✓ Yes (arbitrator decides)
Privacy / confidentiality ✗ Public proceedings ✓ Fully private
Parties control timing ✗ Court calendar ✓ Scheduled by agreement
Typical cost Very high Substantially lower
Specialist decision-maker Judge (generalist) ✓ 38+ yrs family law expertise
Right of appeal ✓ Full appeal rights Limited — review on legal error

THE ARBITRATION PROCESS

How Arbitration Works, Step by Step

Understanding the process makes it feel far less daunting. Here is what you can expect when you choose collaborative family law in Sydney with Neil Jackson.

01

Initial consultation

Neil meets with both parties (and their legal representatives if applicable) to assess whether arbitration is appropriate, explain the process in plain English, and agree on the scope of the dispute to be arbitrated. Neil's fees are negotiable depending on the financial circumstances of the parties — see the fees page for details.

02

Arbitration agreement signed

Both parties sign an Arbitration Agreement confirming the matters to be decided, the rules to be applied, the arbitrator's authority, and how the award will be handled. This is the foundation of the entire process.

03

Exchange of evidence and submissions

Each party prepares and exchanges written submissions, financial disclosure documents, valuations, and any expert reports. Neil sets a timetable to ensure fairness and efficiency. Strict confidentiality applies throughout.

04

Hearing

Parties present their case to Neil — in person or via video conference. Each side has a fair and equal opportunity to present evidence, call witnesses, and respond to the other party's arguments. Legal representation is permitted throughout.

05

Award issued

Neil issues a written Arbitral Award setting out his decision and reasoning. Under the Family Law Act, the award may then be registered with the court and converted into a binding court order — enforceable just like any judicial determination.

EXPERTISE & ACCREDITATION

Why Neil Jackson

Choosing an arbitrator requires the same rigour as choosing a judge. Neil's qualifications, track record, and institutional standing place him among Sydney's most experienced family law dispute resolution practitioners.

Since 1986

Law & Economics — University of Sydney

Foundation qualifications underpinning his property and financial expertise

1996

Master of Laws (LLM) — UNSW

Majoring in Family Law and Human Rights

Since 1997

Family Court Counsel — NSW Bar

Practice limited almost exclusively to family law

2004

Mediator — NSW Supreme Court

Appointed by the Supreme Court of New South Wales

2004

Arbitrator — NSW District Court

Court-appointed arbitration experience across civil disputes

Since 2007

Commonwealth ADRP

Alternative Dispute Resolution Provider under the Family Law Act

Since 2007

Halsbury's Laws of Australia

Family Law Contributor — property, de facto, and spousal maintenance

AIFLAM Accredited

Family Law Arbitrator

Accredited by the Australian Institute of Family Law Arbitrators and Mediators

Neil also serves on the ADR Committee (since 2018) and Family Law Committee (since 2021) of the NSW Bar Association, and is a member of the Conciliators and Arbitrators Association, the Australian Association of Family Lawyers and Conciliators, and the Family Law Section of the Law Council of Australia.

COMMON QUESTIONS

FAQs About Family Law Arbitration in Sydney

What is the difference between arbitration and mediation?
In mediation, a neutral facilitator helps the parties reach their own agreement — the outcome depends on both sides agreeing. In arbitration, the arbitrator makes the decision for the parties, and that decision is binding. Neil offers both services and can advise which is more appropriate for your situation.
Can I have a lawyer present during arbitration?
Yes. Both parties may be legally represented throughout the arbitration process. Neil welcomes legal representatives and is experienced working with solicitors and barristers from across Sydney and New South Wales.
Is arbitration confidential?
Yes. Family law arbitration is a private process. Hearings are not open to the public and the proceedings are conducted on a confidential basis. This is one of its significant advantages over family court litigation.
Can an arbitral award be appealed?
Under the Family Law Act, a party may apply to a court to review or set aside an arbitral award, but the grounds are limited — primarily to questions of law or procedural unfairness. This provides finality while maintaining a safety net against errors.
What does arbitration cost compared to going to court?
While Neil's arbitration fees apply, the overall cost of resolving a dispute through arbitration is typically substantially lower than contested family court litigation — which can run for years and cost tens of thousands of dollars per party. Please see Neil's Fees page for details, and note that fees are negotiable based on the parties' financial circumstances.
Can arbitration cover parenting arrangements?
No. Family law arbitration under the Family Law Act is limited to financial matters — property settlements, spousal maintenance, superannuation splits, and de facto financial disputes. Parenting matters must be resolved through mediation, collaborative law, or court proceedings. Neil can assist with the former; he offers mediation and collaborative practice services for parenting-related matters.

Ready to resolve your financial dispute?

A confidential consultation with Neil costs nothing but a little time — and could save your family months of litigation, significant legal fees, and lasting damage. Reach out today.

Phone

0410 403 965

Direct Landline

02 9229 7353