Exploring Alternate Forms of Divorce Resolution
Posted on November 05, 2018 in Divorce
Marriages are as unique as the individuals that enter them. From the wedding to the day-to-day lifestyle, what happens within one marriage is unlike any other. The same idea is true in divorces as well. There is no “one size fits all” solution to the dissolution of marriage. Today, while some divorces can be contentious, it is possible to achieve an amicable and cost-effective divorce through alternative dispute resolution, if your situation allows for it.
Mediation
Mediation is a way to achieve a divorce without many of the unpleasant side effects. With the assistance of a neutral third party, the two parties work out an agreement that is best for the family. Together, they decide the outcome of each issue, including child visitation schedules, spousal support payments, and property division. This option can take as little or as much time as necessary to conclude, and it often saves divorcing couples a significant amount of money. Additionally, this option often leaves less adverse effects on any children involved, as they witness their parents civilly reaching an agreement rather than feuding publicly in court. Due to the informality of the procedure, mediation works best for couples who can communicate relatively well with each other.
Collaborative Law
Some couples need further individual representation than what is offered in mediation. In a collaborative divorce, both parties have an attorney present to advocate for them and protect their interests, yet they work to reach a settlement without the need for courtroom litigation. Rather than using adversarial techniques, all parties agree to use effective negotiation methods to reach an amicable agreement. Representatives creatively work to minimize any emotional damage to the children and limit conflict between parties. Attorneys and neutral third-party experts work together constructively and fairly, agreeing to share information openly. Although experts and attorneys are necessary, this option typically is more cost-friendly than litigation, as both parties may split the expenses.
Divorce Arbitration
If negotiations in either mediation or a collaborative setting break down or fail, divorce arbitration is yet another option which allows a separating couple to avoid going to court. Similar to litigation in a courtroom, a neutral third-party arbitrator hears both sides of the dispute and makes a legally-binding decision for the two parties. All matters remain private; however, unlike litigation, these decisions typically cannot be appealed.
Contact an Experienced Wheaton Divorce Attorney
If you are exploring your divorce options, a DuPage County family lawyer can help guide you in a direction that may work best for your situation. At Andrew Cores Family Law Group, we help families resolve their differences, allowing them to move on with their lives after divorce with minimal adverse effects. Whether you choose divorce litigation or alternative divorce resolution, we can help guide you through the process. Call us today at 630-871-1002 to schedule your free, no-obligation consultation.
Sources:
https://www.forbes.com/sites/jefflanders/2012/04/24/the-four-divorce-alternatives/#66bb485f20ae
https://www.huffpost.com/entry/divorce-mediation-myths_b_831334
