Date of this Version

January 2003

Document Type

Journal Article

Publication Details

This document has been peer reviewed.

Pre-publication print

Wade, John (2003) Arbitral Decision Making in Family Property Disputes - Lotteries, Crystal Balls, and Wild Guesses is published in the Australian Journal of Family Law, Sydney, Butterworths, Volume 17, 2003, pp. 224-246.

Reproduced with permission. For any future reproduction of this article please contact LexisNexis, Australia

Abstract

240 expert family lawyers in Australia, acting as arbitrators, wrote judgments/awards on an identical set of facts. These decisions varied dramatically in outcomes. This paper describes the process and varied outcomes. It then discusses why the consistently diverse range of outcomes caused such grief for these experts; what are the possible explanations for these diverse outcomes; and what are some possible implications if expert decision-makers consistently reach such diverse decisions?

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