Differences and disputes are a likely cause for a divorce filing; however, they do not need to be part of the divorce process. Yes, divorce can get messy, complex and emotional, but that does not mean the parties cannot work through their differences by working together to reach an agreement.
Alternative dispute resolution or ADR can serve both parties when it comes to obtaining a fair and timely divorce. These methods allow each spouse to play a greater role in decision-making and reaching a final agreement.
Whether you determine mediation or collaboration is the better method for you, a major benefit of ADR is that it allows for equity while also avoiding the time and cost it takes to litigate the matter. Thus, if ADR is the direction you are going in, it is important to understand the differences between them.
Mediation
Mediation is commonly involved in many divorce proceedings, especially if child custody needs to be established. Even if the parties are in dispute over numerous issues, most judges will order the spouses to go through mediation to see if some or all issues could be managed through this method.
So, what is mediation? In simple terms, it is a process that involves a neutral third party known as a mediator. With both parties, the mediator will facilitate the discussions surrounding the disputed issues, helping them find common ground to work towards a resolution. In some matters, mediation can be a lengthy process, requiring several meetings to address all issues. Nonetheless, this process is likely less time consuming then litigating the matter.
Collaborative divorce
The collaborative law process involves the establishment of ground rules. Typically, this involves the agreement to work together and to not litigate the matter. The parties, with their attorneys, will meet and discuss the disputed issues. The parties will work together to create a resolution that is mutually agreed to. If this process fails in whole or partially, the parties will agree to hire new counsel if the matter must go to court.
If taking control of the resolution process is ideal for your divorce, then ADR might be best suited for your matter. A legal professional can assess your matter and answer any questions you have, ensuring you are aware of your rights and all of your options.