Working out the terms of a divorce can be challenging, especially for those who have children or considerable assets. While many people automatically assume that divorce matters have to go to trial before a resolution can be achieved, that’s not necessarily the case.
Many family law cases can be resolved though alternative methods. Two popular options are mediation and collaborative divorce. These alternatives to traditional litigation enable both parties to work toward a mutually agreeable resolution without the stress of going through trial.
Mediation
Divorce mediation involves working with a neutral mediator, who is a third-party that helps to keep discussions about reaching divorce settlement terms on track. They don’t make any decisions, but can provide go-between communication to reduce the tension between the parties. With the help of the mediator, both sides – and their legal representation – negotiate the terms of the divorce and child custody until they can agree on a resolution.
Typically, mediation is less costly than going through trial. Everything that’s said during mediation is private, so both sides can be open and honest as they come to agreements on each matter. Because this is a solution based on cooperation, it’s often beneficial for people who share children because they aren’t starting their co-parenting relationship off with the hostility of a trial.
Collaborative divorce
Collaborative divorce involves both parties and their respective attorneys working together to resolve issues without going to court. Other professionals might also be included in this process. Typically, these are financial advisors or child specialists involved. Collaborative divorce enables custom solutions that might not be possible in a litigation scenario.
Both parties and their attorneys sign an agreement to commit to the collaborative process and not to go to court. One important consideration in collaborative divorce is that both attorneys must withdraw and both parties must find new attorneys if the collaborative divorce fails.
Anyone who’s considering one of these options for divorce should ensure they understand their rights during the divorce process. Working with a legal representative who can help to uphold those rights is important, given all that is at stake.