Going through a divorce trial can be stressful for couples, but many legal disputes never reach court. Your attorney may recommend a settlement outside court proceedings to resolve critical issues.
Alternative dispute resolution methods, like mediation or arbitration, save time, money and prevent anger. They also offer a higher level of control than traditional litigation.
Mediation
A neutral mediator works with both sides in separate rooms to help them agree on property division, child custody, and alimony. Those conversations are private and confidential. The mediator may also offer advice and recommendations. Both parties must agree to the outcome of any mediation settlements before they can be submitted to the court.
Divorce mediation can often save time and money versus the typical divorce trial. A seasoned family law attorney can explain your mediation options.
Only some people can resolve all of their marital issues in mediation. However, those who can make substantial progress in mediation can often finish the remaining unresolved issues through their attorneys in a shorter period than it would take in a traditional trial. A seasoned divorce attorney in Daytona Beach can evaluate your alternative dispute resolution options. Then, you can make the best choice based on your unique needs and circumstances.
Collaborative Law
In a collaborative case, the separated couple and their attorneys agree to resolve their issues without going through the court process. Typically, negotiations and advice occur in four-way meetings where both parties are represented so that legal counsel is transparent. At the beginning of the process, both couples and their lawyers sign a participation agreement that disqualifies them from representing clients in any litigation that might take place.
Each party has a collaborative law attorney specially trained in family law. The participants also agree to work together in a team of professionals to help them through the divorce or family law matter.
The participants also commit to full disclosure of information and to working respectfully. This is intended to reduce conflict and emotional stress. It also is meant to insulate children from the proceedings and encourage both parties to reach amicable solutions. This approach is much faster and less expensive than a litigated divorce.
Arbitration
Like mediation, arbitration is another way couples can resolve their divorce without going to court. Arbitration is more formal than mediation, and it involves a hearing where each party presents their case to the arbitrator. This can include evidence and legal arguments. The arbitrator will then make a binding decision.
Arbitration can also save time and money. It is generally faster than litigation and may be scheduled to work around your busy life.
A hearing may require presenting physical evidence, such as financial records, documents, or contracts. It may also require witness testimony or expert opinion reports. Each party may be able to cross-examine witnesses and present their evidence. The hearings can last half a day or many weeks or months. The decision is binding and typically does not require an appeal. The process can be a lot less stressful for couples than court. It is also a more private process. The proceedings are not open to the public, and your divorce details remain confidential.
Litigation
Although litigation can result in a final resolution, it is often more time-consuming and expensive. However, in some cases, it may be the only way to resolve specific issues, such as dividing property and debts or deciding custody or support.
Litigation can also be less stressful for children, as opposed to a trial that could be highly abusive. In addition, settling issues through ADR can remove them from the trial agenda, reducing the number of disputed issues that need to be resolved later.
ADR methods can help spouses reach a compromise or legal solution on divorce-related issues, such as division of property and assets, debt, child custody, parenting time, and alimony. In addition, these methods can also provide more privacy than resolving disputes in court and avoid airing private matters to the public. Each alternative dispute resolution method has benefits and drawbacks based on your specific case and personal goals.