You’re interested in getting a divorce, but the last thing you want is a long, drawn-out battle in court. You’re getting older, and the idea of going to trial and airing your dispute to the public makes your stomach churn.
The good news is that there are alternatives to going to trial. If you and your spouse are willing to meet each other halfway and negotiate, then you may be able to use collaborative law, mediation or arbitration to resolve any disputes that you have.
When is it a good idea to try alternative methods of dispute resolution?
There are a few times when alternative methods of dispute resolution would be a good option to try. Some include when you and your spouse:
- Can resolve most of your divorce settlement yourselves but have one or two disputes that you can’t seem to get past without support
- Are willing to negotiate
- Both dislike the idea of going to trial
- Want to retain your privacy
- Are eager to move forward with the divorce and avoid disputes that slow down the process
Various kinds of alternative dispute resolution can help
There are many kinds of alternative dispute resolution that you may want to try. Some include:
- Collaborative methods, where you work together to resolve your disputes with your attorneys.
- Mediation, where a third-party mediator listens to both sides and helps guide you both toward a fair resolution to your dispute.
- Arbitration, where an arbitrator listens to each side’s arguments and then makes a binding decision on the case.
Every method above has the potential to work wonders for couples who are willing to negotiate. However, if a couple is stubborn or one person does not want to budge on what they want, then it may be in their best interests to go to trial. Otherwise, the divorce may come to a standstill.
If you are going to go through a divorce and want to avoid trial, working with an attorney who is familiar with alternative dispute resolution techniques is a good choice. You will want to choose someone who is willing to help you mediate or resolve your divorce through alternative methods. Some attorneys do prefer to go to trial, while others encourage working together. Be cautious about whom you choose to work with, so you build a team that is encouraging the right method for resolving your disputes and ending your divorce.