Blogs about Alternative Dispute Resolution (ADR), including: Mediation, Collaborative Law/Divorce, and Arbitration.
In mediation, a neutral third party, chosen by the parties, facilitates conversations that address all issues of divorce. Mediation is non-binding unless a mutually agreeable settlement is reached. Unlike litigation, the parties, not a judge, control the outcome. This can have great appeal to couples that want creative solutions pertaining to their particular needs. Also appealing is the proceedings are private and are not a matter of public record. This is again in contrast to litigation, which is public.
There are a few steps to take before telling your spouse you want a divorce to ensure you’re prepared to start the process.
Collaborative divorce is one method by which couples can navigate the divorce process. Find out if it is right for you.
Going back on a negotiated term in your divorce settlement could be viewed by your spouse as a breach. The fall-out can have costly ramifications – both financially and on your family – and it can ultimately blow up the settlement.
Mediation is a favorable alternative method to resolve disputes in divorce; in many jurisdictions, it is mandatory for child custody disputes and discretionary for financial aspects. This blog discusses the confidentiality and privilege of mediation communications, and points out the exceptions to the rules.
Moving from "married status" to "single status" is easier said than actually practiced by separating and divorcing couples. Even though legally the relationship has ended, parties behaving as if they were still married continues long after. Being aware of your behavior and need to control it is the first step in letting go.
Although they are both forms of Alternative Dispute Resolution (ADR), there are several main differences between divorce mediation and arbitration that you should know about before choosing which method is right for you.
It is easy to cause someone to feel shame, bitterness, and a betrayal of trust, when family law matters are involved. If the individuals involved happen to have children together, regardless of their age, care should be taken to try and not generate such destructive and toxic emotions. In addition to the harm that such emotions and actions leading to those emotions cause to interpersonal relationships, they also increase the level of conflict and distrust, which has a significant impact on the work involved and thus the cost of the proceeding.