When a marriage is ending, there are often hurt feelings and regrets. People may feel guilty or be angry. At such a trying time, it's no wonder that there are often disputes.
While disputes can be frustrating and time-consuming, it is possible to resolve them if you and your spouse are in agreement that you want to avoid a trial. Through alternative dispute resolution, it's possible to address problems without having to turn to a judge for help.
Why work with alternative dispute resolution?
Alternative dispute resolution is great for people who are willing to work together and try to resolve a dispute without a trial. You and your spouse may agree that you don't want to make your divorce public through a trial, so ADR can help with that.
You should know that not all divorces go to court, and using ADR or direct attorney-to-attorney negotiation is normal. In reality, the majority of divorces are resolved before they reach court. Some possible alternative dispute resolution options include arbitration, collaborative family law and mediation.
What kind of ADR is right for you?
Every case is different, so the type of ADR that you choose could vary based on your circumstances. People who can sit and talk with each other calmly may prefer mediation, where they can talk through problems with a third-party mediator present. More difficult disputes might benefit from arbitration, where both sides present their case and an arbitration makes a binding ruling based on what they hear.
Is alternative dispute resolution right for your case?
If you and your spouse have decided that you'd be willing to work together toward a resolution in your case, then ADR can be a good option. If one or both of you don't want to negotiate, then it could be that a trial still remains the end result. Collaboration only works with two people who can step back from a dispute and decide that they can give up something to resolve a conflict and move forward. If neither of you are willing to budge, then alternative dispute resolution won't be effective.
Your attorney can talk to you more about ADR and if it could be right for you. If you believe it is, then you will want to discuss how your attorney can help while you're going through mediation, arbitration or other options that are open to you.