If you decide to get a divorce, there are more options than just litigation for reaching resolutions. Alternative dispute resolution refers to the tactics utilized to reach a resolution when couples go through something like a divorce. When thinking of alternative dispute resolution and family law, it most often refers to approaches like mediation and collaborative law.
You might find yourself wondering if these approaches could work for you and your spouse during a divorce. Creative Family Solutions, Cianci Law, PC can explain when this is a feasible option for couples and when litigation is more beneficial.
There are certain circumstances in which alternative dispute resolution will work more effectively than others.
If you and your partner made the decision to get a divorce together, then it may be easier for you to negotiate. It is a common misconception that all divorces are contentious in some way, meaning that the spouses argue throughout the whole process. This is not the case at all, as some divorces are mutual and agreed upon by each spouse.
A huge component of divorce is making important decisions, such as finances. During this process, you will have to be honest and forthright with your personal information, including any debts. If one individual fails to disclose all necessary information, this can negatively affect the outcome of the divorce; furthermore, alternative dispute resolution will likely not work in situations involving dishonest spouses.
Along with honesty, going through a collaborative divorce will require compromise from both spouses. You will have to reach agreements about custody, property, and finances. This cannot be done without compromise from both individuals. While individuals can strive for an outcome that pleases everyone in alternative dispute resolution, you likely won’t agree on every aspect of your divorce agreement.
While being able to negotiate the terms of your divorce is a huge benefit, it is not a possibility for all couples when ending their marriage.
In some circumstances, such as when domestic violence or abuse is present, alternative dispute methods are not a safe option. For example, during mediation, you will have to frequently meet with your mediator and spouse. When there is a history of violence present, it can negatively impact the ability to negotiate and communicate without fear.
Another situation in which mediation and collaboration are off the table is when one spouse simply refuses to accept the divorce. They may even refuse to communicate with their spouse altogether, making it difficult to even attempt negotiation-based techniques. In these situations, it is often necessary to get the courts involved in order to get the process underway.
Couples can even try mediation or collaborative methods and realize that they will not be a feasible solution. For example, if they cannot reach an agreement over the course of the mediation sessions, then their case will likely go to court. One spouse may refuse to compromise on certain components of the divorce, leading to no resolutions being made.
As you can see, there are certain circumstances in which alternative dispute resolution works better than others. What is most important is that you reach the outcome you deserve in your divorce. The team at Creative Family Solutions, Cianci Law, PC Creative Family Solutions can help you navigate your case, providing you with the advice you need to make sound decisions. We can help determine if mediation or collaboration is the right option for you.
Contact our team today at (916) 797-1575 to schedule an appointment for a consultation! We can provide the divorce guidance you deserve.
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