Alternative Dispute Resolution
Alternative Dispute Resolution:
Alternative dispute resolution methods can be helpful for couples who want to avoid going to court. If you and your ex-spouse find an alternative dispute resolution method that works for your situation, the divorce has a better chance of going as smoothly as possible.
If you choose the arbitration process, you and any other parties involved choose to keep the matter private and out of the conventional (and public) court docket. Instead, a neutral, trained arbitrator will hear each party’s side of the story. After each party presents their case, an arbitrator will make a binding decision. Arbitration is a more formal dispute resolution process than mediation. Therefore, this practice is used when a legal matter has escalated to a more serious issue.
In a mediation process, a neutral, trained mediator works to help parties come to a consensus on their own that works well for everyone. The mediation process can be completed with or without the help of lawyers.
What is the difference between Arbitration and Mediation?
Arbitrator listens to facts and evidence and renders an award. Mediator helps the parties define and understand the issues and each side’s interests. In an Arbitration, parties present case, testify under oath. In a Mediation, parties vent feelings, tell their stories, and engage in creative problem-solving.
Another one of the most popular alternative methods is collaborative divorce. This process involves you, your former spouse, each of your lawyers and trained resolution professionals for financial, communication, or child issues. In a collaborative divorce, everyone works together to come to a mutual agreement. All parties agree by contract to participate fully, provide full disclosure, and not resort to litigation.