Agreement to arbitrate
The parties agree to refer a defined family law dispute to arbitration and formally record the agreed scope, ground rules, and terms of reference.
How arbitration works
A focused process. A reasoned outcome.
Arbitration empowers South African families to appoint an independent decision-maker, avoid multi-year court backlogs, and follow a structured, private process tailored to the dispute.
Arbitration, not mediation
While mediation aims to facilitate mutual compromise between parties, an arbitrator acts as a private judge. The arbitrator judicially evaluates evidence, applies South African law and the best interests of children, and delivers an enforceable written award.
Choose an arbitrator
An independent, accredited arbitrator is mutually selected from the FLAFSA directory for their seniority, specialized family experience, and suitability for the dispute.
Prepare the matter
The directions hearing establishes procedural timetables, document discovery, expert reports, and agreed witness statements without courtroom delays.
Private hearing
Each party presents their case, submissions, and testimony in a dignified, confidential setting suited to sensitive family and financial dynamics.
Written award
The arbitrator carefully considers all evidence, statutory family principles, and submissions before delivering an exhaustive, binding, and reasoned written award.
Confidential & Dignified Hearing
Confidentiality First
Protected from public scrutiny
Unlike public proceedings in the High Court or Regional Magistrate Courts, family arbitration is conducted behind closed doors. Financial disclosure, personal affidavits, and parenting evaluations remain strictly confidential between parties and the arbitrator.
Find an ArbitratorGood to know
What makes arbitration different?
- Parties mutually select a recognized specialist suited to the matter.
- The hearing timetable is tailored, expedited, and strictly managed.
- Proceedings take place privately without public gallery observation.
- The process culminates in an exhaustive, binding written award.