Alternative Dispute Resolution for Divorce
When it comes to divorce, there are a number of alternatives to settling matters in court. For example, alternative dispute resolution can be used as an out-of-court option. Alternative dispute resolution (ADR) is a multifaceted and multipurpose legal service which includes mediation, collaborative family law and arbitration.
Through the use of less formal discussions, parties seeking divorce can reach a settlement with attorneys outside of the typical courtroom environment. When deciding on whether or not to use the ADR method for your divorce, there are a number of factors one should examine. First, consider the degree to which you and your former spouse are in dispute on key issues. These substantial issues can range from child custody to division of property. The next thing to consider is the willingness of both you and your spouse to work together to resolve those issues.
In alternative dispute resolution, it tends to have less pressure and be less quarrelsome. Because of its more casual nature, alternative dispute resolution can also encourage and even help to facilitate early settlement. In alternative dispute resolution both you and your spouse have the opportunity to play an active role is solving the key issues that are going to impact your life most moving forward. This can be particularly advantageous in instances where there are children.
Alternative dispute resolution allows you to have more power, as you do not have to rely on a third party to make those decisions for you. If both parties are able to work together toward an agreeable and desirable outcome it can help to set the stage for a more positive relationship post-divorce. Instead of bickering, taking a more collaborative approach allows each parties voice to be heard in a more productive manner.
There are a numerous types of alternative dispute resolutions, of which includes a method that uses an independent third party to simplify and smooth the negotiation process. One key thing to keep in mind is that this facilitator cannot have a vested interest in either party. It’s recommended that you seek out a legal professional that is properly trained in the mediation process; otherwise it will be increasingly difficult and tedious working toward a mutually agreeable solution.
Another type of ADR is arbitration. With arbitration a neutral third party makes the final decisions. They hear all of the issues at hand and make a decision based on the merits of each party. Even if you choose to settle outside of court, the advice of an experienced attorney can help you choose what they of alternative dispute resolution fits your situation best and can help to guide you through this experience.