Resolving Your Dispute Without A Trial

DARE TO RESOLVE YOUR FAMILY LAW MATTER WITHOUT GOING TO TRIAL?

Although keeping it "in house" seems like the logical way to resolve family law issues, many people cannot get past their own anger and bitterness and push a total stranger in a black robe to make personal decisions about their assets, debts, house, and even their children.

If you are thinking twice about having your familial issues aired in open court in front of not only a judge, but a bailiff, court reporter, court clerks, attorneys and anyone who can walk in off the street, then perhaps you should consider resolving your divorce in an alternative way.

Not to mention, besides saving face, alternatives to trial can save parties time, energy, aggravation and MONEY.

Refereed to as Alternative Dispute Resolution or ADR, comes in a number of varieties.  The most common are negotiation, mediation, arbitration, neutral evaluation, and collaboration.

NEGOTIATION

In negotiation, parties or their attorneys directly communicate with each other in an effort to reach an agreement.  Sounds old school but why knock it until you've tried it?  If negotiation does not work there are other forms of dispute resolution you may try.

MEDIATION

In mediation, a neutral mediator tries to help parties work out their differences in a confidential process whereby the parties or their attorneys present their sides and participate in discussions and negotiations in an attempt to resolve their conflict.

ARBITRATION

Much like mediation, in arbitration, the parties typically through their attorneys make presentations to a neutral third party, arbitrator.  These presentations may include an introduction of supporting documents and witness testimony by the parties for the arbitrator's review and decision.

The biggest difference between mediation and arbitration is that the arbitrator's decision may be binding upon the parties.  If the parties agree to enter into binding arbitration before the process begins, the decision is meant to be final and generally not up for appeal.  On the other hand, if the arbitration is not binding, the case may proceed to trial if one party does not agree with the decision.

NEUTRAL EVALUATION

In neutral evaluation, sometimes also known as a settlement conference, each party makes a brief presentation to a neutral evaluator, in some instances this role is played by a judge, who then offers the parties his/her perspective on how a court would likely rule on the dispute.  While this evaluation is not a binding decision, it informs the parties as to the likely success of their arguments and/or positions and can assist the parties in further negotiations and reaching an agreement.

COLLABORATION

In the collaborative law process, both parties agree to use attorneys committed to resolving the dispute amicably through cooperative negotiations.  All meetings, conferences, negotiations, settlement discussions, etc. are to remain out of court.  The parties may share in the use of a joint accountant, psychologist, and other experts to assist them reach a resolution in every aspect their case.  Unfortunately, if a dispute arises that cannot be settled, and one party wants to pursue litigation, both parties must seek new attorneys and start the process again, this time utilizing the court system.

Since there are a number of variables to consider in deciding how to go about resolving your family law matter, contact a family law attorney to assist you in evaluating your best chances of success with your case strategy.